United States Tenth Circuit

District court properly added two points to defendant's criminal history pursuant to USSG 4A1.1(d).(4), where defendant, who pled guilty to "Unlawful Re-entry of a Deported Alien" in violation of 8 USC 1326(a), was serving a criminal probation sentence for his drunk driving conviction at the time he was "found" in the US.

Appellate Information

• Decided 02/15/2002
• Published 02/15/2002

Judges

• BALDOCK, Circuit Judge., Before TACHA, Chief Judge, and BALDOCK and HENRY, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Andrew Vogt, Assistant United States Attorney (Richard T. Spriggs, United States Attorney, and Sean Connelly, Assistant United States Attorney, on the brief), Denver, CO, for Plaintiff-Appellee., Lynn Hartfield, Assistant Federal Public Defender (Michael G. Katz, Federal Public Defender, and Charles Szekely, Assistant Federal Public Defender, on the brief), Denver, CO, for Defendant-Appellant.