United States Tenth Circuit

Defendant's sentence for illegal reentry after removal following a conviction for an aggravated felony is affirmed over a claim that the district court erred in enhancing his sentence pursuant to 8 U.S.C. section 1326(b)(2) and U.S.S.G. section 2L1.2(b)(1)(B) because his 2003 state conviction for heroin trafficking was not final at the time of his removal.

Appellate Information

• Decided 01/03/2007
• Published 01/03/2007

Judges

• BRISCOE, Circuit Judge., Before BRISCOE, EBEL, and TYMKOVICH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Joseph W. Gandert, Assistant Federal Public Defender, Albuquerque, NM, for Defendant-Appellant., David C. Iglesias, United States Attorney;  William J. Pflugrath, Assistant United States Attorney, District of New Mexico, Albuquerque, NM, for Plaintiff-Appellee.