Romero-Rendon

United States v. Romero-Rendon

Good Law
198 F.3d 745·1999 WL 1101292
United States Court of Appeals for the Ninth CircuitDecember 7, 1999No. 99-50137California3,134 words

Opinion

Lead Opinion

Scannlain, J.

We must decide whether the district court abuses its discretion when it enhances a sentence based on the information contained in a Presentence Report the accuracy of which has not been challenged.

I

The U.S. Border Patrol apprehended Victor Romero-Rendon as he attempted to enter the United States illegally on April 28, 1998. Computer cheeks on him re *747 vealed that he had been previously apprehended and deported by the Immigration and Naturalization Service (INS). The checks also uncovered that he had a criminal history in the United States. Romero-Rendon was indicted, and on August 31, 1998 pleaded guilty to one count of being a deported alien found in the United States, in violation of 8 U.S.C. § 1326 .

The probation officer prepared, the Pre-sentence Report (“PSR”), in which he recommended that the district court find that Romero-Rendon’s base offense level be eight and that he have a Criminal History Category of II. The PSR also contained a recommendation that the base offense level be increased sixteen levels pursuant to U.S.S.G. § 2L1.2(b)(1)(A), which provides for such upward adjustment where the defendant-alien has been previously deported following a conviction for…

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