Leguizamo-Pena
United States v. Leguizamo-Pena
Opinion
Lead Opinion
MEMORANDUM **
Adan Leguizamo-Pena (“Leguizamo”) appeals the district court’s application of a sixteen level sentencing enhancement under U.S.S.G. § 2L1.2 for his conviction of an aggravated felony prior to deportation. Specifically, Leguizamo argues that the enhancement was inappropriate because the state of Kentucky placed him on conditional discharge less than ten days after sentencing, and therefore he did not receive a term of imprisonment of at least one year for his prior conviction as required by 8 U.S.C. § 1101 (a)(43)(R) and 8 U.S.C. § 1326 (b)(2). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.
On November 14, 1995, Leguizamo was convicted in a Kentucky state court of two counts of Possession of a Forged Instrument in the Second Degree, and on April *948 19, 1996, he was sentenced to eighteen months imprisonment. On April 24, 1996, the state court ordered that Leguizamo’s sentence be conditionally discharged, effective upon his being taken into the custody of the Immigration and Naturalization Service. After being deported in 1996, Leguizamo was found in Arizona on April 19, 2000 and pled guilty to illegal re-entry after deportation on May 26,…