U.S. v. CASTRO-COELLO

Criminal Action Nos. B-06-483, B-06-696, B-06-727, B-06-788, B-06-790, B-06-858.

474 F.Supp.2d 853 (2007)

UNITED STATES of America v. Francisco CASTRO-COELLO. United States of America v. Jose Molina-Gonzalez. United States of America v. Rogelio Guevara-Barrera. United States of America v. Marlon Javier Cruz-Mendoza. United States of America v. Oscar Mauricio Pineda-Maldonado. United States of America v. Miguel Angel Portales-Navarro.

United States District Court, S.D. Texas, Brownsville Division.

February 6, 2007.


Attorney(s) appearing for the Case

Timoteo E. Gomez, Jeffrey L. Wilde, Hector Casas, Sandra Zamora Zayas, Federal Public Defender's Office, Rene E. De Coss, Attorney at Law, Brownsville, TX, for Defendants.

Terra L. Bay, Daniel Marposon, Angel Castro, William F. Hagen, Osccar Ponce, United States Attorney's Office, Brownsville, TX, for Plaintiff.


MEMORANDUM OPINION AND ORDER

HANEN, District Judge.

The question presented in these cases is whether under the United States Sentencing Guidelines Manual ("USSG") the second of two state drug possession convictions would be considered an "aggravated felony" resulting in an eight (8) level enhancement under USSG § 2L1.2 after a conviction for unlawfully entering or remaining in the United States. 8 U.S.C. §§ 1326(a), 1326(b) (2007); U.S. Sentencing...

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