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United States Fourth Circuit

US v. Bercian-Flores, 13-4504

Sentence for re-entering the US as an illegal alien, with a 12-level enhancement based on defendant's 1997 felonious conviction for unlawfully transporting aliens, which was determined to be an offense punishable by imprisonment for a term exceeding one year under U.S.S.G. section 2L1.2, is affirmed where the district court did not err in imposing the sentence because the judge who sentenced defendant in 1997 had discretion to sentence him for up to 5 years.

Appellate Information

  • Decided 05/14/2015
  • Published 05/14/2015


  • WYNN


  • United States Fourth Circuit


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