United States Second Circuit

In sentencing a Salvadoran alien convicted of illegally reentering the US after deportation, district court erred in failing to apply a 16-level enhancement for his prior drug trafficking offense per U.S.S.G. section 2L1.2(b)(1)(A)(i). Court also failed to make the necessary findings of fact upon which to base its downward departure for defendant's motivation for reentry.

Appellate Information

• Decided 02/17/2004
• Published 02/17/2004

Judges

• CARDAMONE, Circuit Judge., Before:  NEWMAN, CARDAMONE, and SOTOMAYOR, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Shawn J. Chen, Assistant United States Attorney, New Haven, Connecticut (Kevin J. O'Connor, United States Attorney, District of Connecticut, New Haven, Connecticut, of counsel), for Appellant.


• For Appellees:
  
• Roger H. Sigal, Assistant Federal Public Defender, New Haven, Connecticut (Thomas G. Dennis, Federal Public Defender, New Haven, Connecticut, of counsel), for Defendant-Appellee.