Montoya-Lopez

United States v. Montoya-Lopez

Good Law
52 F. App'x 908
United States Court of Appeals for the Ninth CircuitDecember 9, 2002No. 01-10579; D.C. No. CR-00-00159-ECRCalifornia1,517 words

Opinion

Lead Opinion

MEMORANDUM **

Miguel Montoya-Lopez appeals the sentence imposed following his guilty plea to illegal reentry after deportation, in violation of 8 U.S.C. § 1326 (a) and (b)(2). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

On February 11, 2000, Montoya-Lopez was convicted in Nevada state court of trafficking in a controlled substance. He was sentenced to thirty-two to eighty-four months’ imprisonment, but his sentence was suspended and he was granted probation. Montoya-Lopez was released to the Immigration and Naturalization Service, and he was deported to Mexico on March 11, 2000. On October 30, 2000, Montoya-Lopez was arrested in Nevada for illegally reentering the country in violation of his probation conditions. His probation was revoked and his sentenced was reimposed. Thereafter, a federal grand jury returned an indictment charging Montoya-Lopez *909 with illegal reentry after deportation. 8 U.S.C. § 1326 (a) and (b)(2). Montoya-Lopez pled guilty to the charge on July 3, 2001.

The Presentence Investigation Report (“PIR”) recommended a total offense level of twenty-one, including a sixteen-level enhancement for a prior aggravated felony conviction,…

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