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U.S. v. HERNANDEZ-GONZALEZ

Nos. 06-1998, 06-2130.

495 F.3d 55 (2007)

UNITED STATES of America, Appellant in Appeal No. 06-1998 v. Magdaleno HERNANDEZ-GONZALEZ, Appellant in Appeal No. 06-2130.

United States Court of Appeals, Third Circuit.

Opinion Filed July 19, 2007.

Attorney(s) appearing for the Case

Richard J. Zack, Esq. (Argued), Assistant United States Attorney, Office of United States Attorney, Philadelphia, PA, for Appellant/Cross-Appellee United States.

David L. McColgin, Esq. (Argued), Assistant Federal Defender, Federal Community Defender Office for the Eastern District of Pennsylvania, Philadelphia, PA, for Appellee/Cross-Appellant Magdaleno Hernandez-Gonzalez.

Before: CHAGARES, HARDIMAN, and TASHIMA, Circuit Judges.

TASHIMA, Circuit Judge.

The United States appeals the sentence imposed on Magdaleno Hernandez-Gonzalez ("Hernandez") following his conviction under 8 U.S.C. § 1326(a) for being an alien found in the United States following deportation. The question we must answer is whether the date that the offense commenced, for purposes of calculating the criminal history score, is the date that Hernandez entered the United States, or the date that he was found in the United...

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