United States Tenth Circuit

A sentence for being a previously deported alien found within the U.S. is affirmed as the district court did not err in adding points to defendant's criminal history score pursuant to U.S.S.G. section 4A1.1 where defendant was serving a state sentence at the time he was found in the United States.

Appellate Information

• Decided 10/17/2008
• Published 10/20/2008

Judges

• McKAY, Circuit Judge., Before GORSUCH, McKAY, and BALDOCK, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Raymond P. Moore, Federal Public Defender, and Vicki Mandell-King, Assistant Federal Public Defender, for Defendant-Appellant., Troy Eid, United States Attorney, and Roxane J. Perruso and John M. Hutchins, Assistant United States Attorneys, for Plaintiff-Appellee.