United States v. Refugio Madera-Ramirez

52 F.3d 335 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Refugio MADERA-RAMIREZ, Defendant-Appellant. No. 93-30188. United States Court of Appeals, Ninth Circuit. Submitted March 11, 1994. * Submission Deferred March 28, 1994. Resubmitted Feb. 27, 1995. Decided April 13, 1995. Before: HUG, HALL and THOMPSON, Circuit Judges. 1 MEMORANDUM ** OVERVIEW 2 Refugio Madera-Ramirez appeals his sentence imposed under the Sentencing Guidelines (the guidelines) following his guilty plea to illegally reentering the United States after deportation subsequent to conviction for an aggravated felony, in violation of 8 U.S.C. Sec. 1326 (a) and (b)(2) (effective November 18, 1988). He contends the district court erroneously construed USSG Sec. 2L1.2(b)(2) (effective November 1, 1991) as applicable to him and improperly enhanced his base offense level pursuant to that provision. Even if Sec. 2L1.2(b)(2) is applicable to him, Madera-Ramirez…