United States v. Ramon Nunez-Rodelo

Good Law
378 F.3d 877·2004 WL 1687911·2004 U.S. App. LEXIS 15605
United States Court of Appeals for the Ninth CircuitJuly 29, 200403-10660California807 words

Opinion

Opinion

Fernandez, J.

Ramon Nunez-Rodelo appeals his sentence, imposed after a guilty plea, for unlawful reentry by a deported, removed, or excluded alien, in violation of 8 U.S.C. § 1326 (a). He claims that because he was “removed” he could not be sentenced pursuant to 8 U.S.C. § 1326 (b)(2). We affirm on that issue.

BACKGROUND

Following a felony conviction for drug trafficking, Nunez was deported from the United States on October 22, 1993, and was not thereafter given permission to reapply for admission or to reenter. He was found in the State of Nevada on or about May 17, 2003. Thereafter, he was indicted for and pled guilty to a violation of 8 U.S.C. § 1326 (a).

On November 14, 2003, Nunez was sentenced on the basis that he had been convicted of a drug trafficking felony prior to his deportation. Thus, sentencing was pursuant to 8 U.S.C. § 1326 (b)(2). Therefore, under the Sentencing Guidelines, his base offense level was increased by 16 points, which, after a 3 point adjustment for acceptance of responsibility, resulted in an offense level of 21. That placed him in a Guideline range of 41-51 months, and he was sentenced to imprisonment for a period of 41 months. Nunez objected to the 16 point…

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