United States Tenth Circuit

Defendant's sentence for illegal reentry into the U.S. after a previous deportation is affirmed where: 1) in 2003, the Sentencing Commission added a commentary to U.S.S.G. section 2L1.2 defining the term "sentence imposed" to "include[] any term of imprisonment given upon revocation of probation, parole, or supervised release," and to "include" means "[t]o contain as a member of an aggregate"; and 2) thus, the district court's sentence was predicated on a correct calculation of the advisory Guidelines range.

Appellate Information

• Decided 10/19/2010
• Published 10/19/2010

Judges

• Kimberly Gorsuch

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Stephen E. Hosford, Kenneth J. Gonzales