United States v. Martin Acosta Coronado

85 F.3d 638 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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-Appellant, v. Martin Acosta CORONADO, Defendant-Appellee. No. 95-50180. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 9, 1996. Decided May 10, 1996. 1 Before: WALLACE, Chief Judge, and T.G. NELSON, Circuit Judge, and BROWNING, * District Judge. 2 MEMORANDUM ** BROWNING, District Judge: I. 3 Martin Acosta Coronado pled guilty to illegal reentry into the United States after deportation following conviction of a non-aggravated felony, in violation of 8 U.S.C. § 1326 (b)(1). The district court sentenced him to thirty-seven months of incarceration. The Government appeals the sentence imposed. II. 4 After twice being deported from the United States, Acosta Coronado illegally reentered the United States and was apprehended in February 1994. It is undisputed that Acosta Coronado, a citizen of Mexico, had been convicted of two aggravated felonies prior to…