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eBook details

• Title: United States V. Ruiz-Gea
• Author : Tenth Circuit U.S. Court of Appeals
• Release Date : January 19, 2003
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 59 KB

Description

Defendant Isaac Bardo Ruiz-Gea appeals the sentence imposed following his guilty plea to illegal re-entry of a deported alien, in violation of 8 U. S. C. § 1326. The principal issue on appeal is the proper interpretation of a provision in the United States Sentencing Guidelines relating to Defendant's offense. USSG § 2L1.2(b)(1)(A)(i), states: "If the defendant previously was deported, or unlawfully remained in the United States, after . . . a conviction for a felony that is . . . a drug trafficking offense for which the sentence imposed exceeded 13 months . . ., increase [the offense level] by 16 levels[.]" Defendant contends that this provision does not apply to him because he did not receive a sentence exceeding 13 months until his probation on a state drug-trafficking offense was revoked following his unlawful re-entry. He also contends that the district court erred by adding one point to his criminal history score based on its finding that he committed the re-entry offense less than two years after his release from confinement on the prior drug-trafficking conviction, see USSG § 4A1.1(e). We exercise jurisdiction under 18 U. S. C. § 3742(a) and affirm.

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