U.S. v. CHAVARRIA-BRITO

No. 07-2462.

526 F.3d 1184 (2008)

UNITED STATES of America, Appellee, v. Jorge Luis CHAVARRIA-BRITO, also known as Fabian Rodriguez-Brito, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: May 29, 2008.


Attorney(s) appearing for the Case

Timothy S. Ross-Boon, Assistant Federal Public Defender, argued, Des Moines, IA, for appellant.

William C. Purdy, Assistant U.S. Attorney, argued, Des Moines, IA, for appellee.

Before WOLLMAN, JOHN R. GIBSON, and SHEPHERD, Circuit Judges.


WOLLMAN, Circuit Judge.

Jorge Chavarria-Brito was convicted of illegal reentry following deportation, in violation of 8 U.S.C. § 1326(a). The district court1 applied an eight-level sentencing enhancement under United States Sentencing Guidelines (U.S.S.G.) § 2L1.2(b)(1)(C) because of Chavarria-Brito's prior conviction for an aggravated felony. Chavarria-Brito argues that his prior conviction was not for an aggravated felony and...

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