United States Second Circuit

The rule of lenity applies to the U.S.S.G., but section 2L1.2(b) is not ambiguous and the district court was warranted in imposing an enhancement due to an illegal reentry defendant's conviction of crimes which constitute "aggravated felonies" under the guidelines.

Appellate Information

• Decided 12/23/2002
• Published 12/24/2002

Judges

• JOSÉ A. CABRANES, Circuit Judge., Before WINTER and CABRANES, Circuit Judges, and JONES, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Yuanchung Lee,The Legal Aid Society, Federal Defender Division, Appeals Bureau, New York, NY, for Defendant-Appellant., Harry Sandick, Assistant United States Attorney (Gary Stein, Assistant United States Attorney, of counsel;  James B. Comey, United States Attorney, on the brief), United States Attorney's Office for the Southern District of New York, New York, NY, for Appellee.