United States Fourth Circuit

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US v. Valdovinos, 13-4768

Defendant's sentence for unlawfully entering the United States after being deported is affirmed, where: 1) the sentence was increased on the ground that he illegally reentered the country after a prior North Carolina conviction for felony drug trafficking, i.e., a drug offense punishable by more than one year in prison; and 2) although defendant's guilty plea to the prior North Carolina conviction was entered as part of an agreement that capped his sentence at 12 months once the court accepted his plea, his North Carolina conviction was punishable by imprisonment exceeding one year based on his prior record level, offense class, and sentencing range; and therefore, 3) the prior conviction qualifies as a federal sentencing predicate.

Appellate Information

  • Decided 07/25/2014
  • Published 07/25/2014

Judges

  • MOTZ

Court

  • United States Fourth Circuit

Counsel

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