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Friday, April 18, 2014

 

Illegal Reentry—Prior Conviction—Length of Prior Sentence

Last Updated Wednesday, January 07, 2009 9:54:38 PM

Whether the district court erred in considering Beltran’s probation revocation in determining the length of the sentence imposed under sentencing guideline §2L1.2(b)(1)(A). (Ruben Beltran-Torres, November 4, 2002)

Whether a Texas state jail felony that is punishable by a maximum term of imprisonment of one year meets the definition of “prior felony conviction” for purposes of guideline §2L1.2. (Agustin Rivera-Perez, October 15, 2002)*

Whether a probation revocation is considered in determining the length of the “sentence imposed” under sentencing guideline §2L1.2(b)(1)(A). (Osvaldo Compian-Torres, June 25, 2002)

Whether the Government failed to prove that Mendoza’s prior conviction for possession of a controlled substance was an aggravated felony, in view of a Government-supplied conviction record showing that it was a misdemeanor punished by 90 days’ imprisonment. (Juan Mendoza-Garcia, February 2, 2002)

Whether Landeros’s sentence, which was reduced to eight months’ time served before he was deported, constitutes a “term of imprisonment” of “at least one year,” so as to qualify his conviction as an aggravated felony under 8 U.S.C. § 1101(a)(43)(F) and guideline §2L1.2(b)(1)(A). (David Landeros Arreola, October 18, 2000)

Whether Pacillas qualified for the 16-level enhancement under sentencing guideline §2L1.2(b)(2), when his prior felony was not “aggravated” within the definition of that guideline, but was aggravated for the purposes of the statute of conviction, 8 U.S.C. § 1326. (Cesar Pacillas-Santa Cruz, April 29, 1997)

Whether the definition of “aggravated felony” in 8 U.S.C. § 1101(a)(43) limits the definition of “aggravated felony” in application note 7 of sentencing guideline §2L1.2. (Jose Miguel Arias-Esquivel, January 29, 1997)

Whether the definition of “aggravated felony” in 8 U.S.C. § 1101(a)(43) limits the definition of “aggravated felony” in application note 7 of sentencing guideline §2L1.2. (Jose Luis Herrera-Solorzano, October 24, 1996)

Whether the district court erred by enhancing Herrera’s sentence under guideline §2L1.2. (Jose Luis Herrera-Solorzano, October 24, 1996)

Whether the district court erred by imposing guideline §2L1.2(b)(2)’s enhancement for defendants whose prior crime of violence was punished by an imprisonment sentence, when Altamirano received a sentence of probation. (Rigoberto Altamirano-Lopez a/k/a Ernesto Ochoa-Lopez, September 30, 1996 )

Whether the definition of “aggravated felony” in 8 U.S.C. § 1101(a)(43) limits the definition of “aggravated felony” in application note 7 of sentencing guideline §2L1.2. (Rigoberto Altamirano-Lopez a/k/a Ernesto Ochoa-Lopez, September 30, 1996)

Whether the district court correctly determined that, because Villa received a 4- year imprisonment sentence for his prior conviction, that conviction was not an aggravated felony under U.S.S.G §2L1.2, which defines aggravated felony as an offense for which an imprisonment term of more than 5 years was imposed. (Eduardo Villa-Moreno, Appellee, September 25, 1996 )*

Whether the district court correctly determined that, because Arrellin received a 4- year imprisonment sentence for his prior conviction, that conviction was not an aggravated felony under guideline §2L1.2, which defines aggravated felony as an offense for which an imprisonment term of more than 5 years was imposed. (Jesus Antonio Arrellin-Dominguez, Cross-Appellee, September 25, 1996 )

Whether the definition of “aggravated felony” in 8 U.S.C. § 1101(a)(43) limits the definition of “aggravated felony” in application note 7 of sentencing guideline §2L1.2. (Roberto Morales-Lopez, July 2, 1996)*

Whether the district court misapplied the 16-level enhancement of guideline §2L1.2 by failing to observe the distinction between suspending a sentence’s execution and suspending its imposition. (Alma Rosa Salazar-Gonzalez, December 8, 1995)*

Whether the district court misinterpreted Guideline §2L1.2's definition of an “aggravated felony” by failing to observe the distinction between suspending a sentence’s execution and suspending its imposition. (Jose F. Vasquez-Balandran, October 2, 1995)

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