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U.S. v. MEDINA

No. 12-4009.

718 F.3d 364 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Ever Enrique MEDINA, a/k/a Ever Medina, a/k/a Ever E. Medina, a/k/a Ever Enrique Andrade Medina, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: June 10, 2013.

Attorney(s) appearing for the Case

ARGUED: Patrick E. Kent , Office of the Federal Public Defender, Baltimore, Maryland, for Appellant. Rod J. Rosenstein , United States Attorney, Baltimore, Maryland, for Appellee. ON BRIEF: James Wyda , Federal Public Defender, Baltimore, Maryland, for Appellant. Paul E. Budlow , Assistant United States Attorney, Office of the United States Attorney, Baltimore, Maryland, for Appellee.

Affirmed by published opinion. Judge WILKINSON wrote the opinion, in which Judge DUNCAN and Judge WYNN joined.

WILKINSON, Circuit Judge:

Defendant Ever Enrique Medina challenges the district court's ruling that a diversionary disposition, in which a court sentences a criminal defendant but does not formally enter judgment against him, is a predicate conviction for the purpose of a sentencing enhancement imposed under U.S.S.G. § 2L1.2. For the reasons that follow, we affirm.

I.

In December 2004, Medina, a citizen of El Salvador, pled guilty to possession...

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