Labra-Morales
United States v. Labra-Morales
Opinion
Lead Opinion
MEMORANDUM **
Defendant-Appellant Magín LabraMorales pled guilty to being a deported alien found in the United States in violation of 8 U.S.C. § 1326 . The district court sentenced Labra-Morales to forty-six months imprisonment followed by three years of supervised release. In imposing sentence, the district court applied a sixteen-point enhancement under U.S.S.G. § 2L1.2 because Labra-Morales was previously deported after he was convicted in 1983 of child molestation, a “crime of violence.”
Labra-Morales appeals his forty-six month sentence. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.
During the guilty-plea hearing, LabraMorales admitted that he was previously deported. However, no specific date of deportation was charged in the indictment or admitted by Labra-Morales. The Presentence Report (“PSR”) listed three dates of prior deportations, all of which followed Labra-Morales’s 1983 child molestation conviction. Labra-Morales contends that we must vacate his sentence because the district court erred in relying on the deportation dates listed in the PSR to enhance his sentence.