United States v. Alberto Acevedo-Garcia

47 F.3d 1176 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Alberto ACEVEDO-GARCIA, Defendant-Appellant. No. 94-10165. United States Court of Appeals, Ninth Circuit. Submitted Feb. 13, 1995. * Decided Feb. 21, 1995. 1 Before: TANG and O'SCANNLAIN, Circuit Judges; MERHIGE, ** District Judge. 2 MEMORANDUM *** 3 * Acevedo-Garcia was convicted of illegal re-entry after deportation subsequent to an aggravated felony conviction, in violation of 8 U.S.C. Sec. 1326 . In determining Acevedo-Garcia's sentence, the district court, pursuant to Sec. 2L1.2(b)(2) of the 1993 United States Sentencing Commission Guidelines Manual ("Guidelines"), increased Acevedo-Garcia's offense level to 21 by a sixteen level adjustment because he had previously been deported after a conviction for possession for sale of a narcotic substance. With respect to his criminal history category, the district court added three guideline points based on the same…