United States Second Circuit

Sentence to non-Guidelines term of imprisonment of 62 months and three years supervised release, after guilty plea to illegally reentering the U.S. after having been deported following a 1998 conviction for commission of an aggravated felony, is affirmed over principal claim that the district court, when calculating the applicable sentence range under U.S.S.G. section 2L1.2, improperly increased defendant's offense level on the basis of the 1998 conviction, for which he was adjudicated a youthful offender under New York State law.

Appellate Information

• Decided 10/13/2006
• Published 10/13/2006

Judges

• CALABRESI, Circuit Judge., Before MINER, LEVAL, and CALABRESI, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Evan C. Williams, Assistant United States Attorney for Roslynn R. Mauskopf, United States Attorney (Emily Berger, Assistant United States Attorney, of counsel), Eastern District of New York, for Appellee., Richard A. Miller (Jacqueline M. Skubik, on the brief), Miller & Skubik LLP, Islandia, NY, for Defendant-Appellant.