U.S. v. ALVAREZ-HERNANDEZ

No. 06-10284.

478 F.3d 1060 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Vicente ALVAREZ-HERNANDEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed February 28, 2007.


Attorney(s) appearing for the Case

Michael K. Powell, Assistant Federal Public Defender, Reno, NV, for the defendant-appellant.

Ronald C. Ranchow, Assistant United States Attorney, Reno, NV, for the plaintiff-appellee.

Before: KLEINFELD and BYBEE, Circuit Judges, and WHALEY, District Judge.


BYBEE, Circuit Judge:

Defendant-Appellant Vicente Alvarez-Hernandez ("Appellant") appeals his sentence for being an illegal alien found in the United States following deportation. Appellant argues that the district court's determination that he had previously been "convicted for a felony drug trafficking offense for which the sentence imposed was 13 months or less," U.S.S.G. § 2L1.2(b)(1)(B), was erroneous due to a 2003 amendment to the Sentencing Guidelines...

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