United States Fifth Circuit

A sentence for being found in the U.S., without permission, following both defendant's conviction for an aggravated felony and later deportation is affirmed over a claim that the district court erred by enhancing his base offense level 16 levels under section 2L1.2(b)(1)(A)(ii) of the sentencing guidelines based on an Arkansas burglary conviction, as well as Apprendi and Booker claims.

Appellate Information

• Decided 07/14/2006
• Published 07/17/2006

Judges

• PER CURIAM:, Before DAVIS, BARKSDALE and DeMOSS, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Paula Camille Offenhauser and James Lee Turner, Asst. U.S. Attys., Houston, TX, for U.S., Marjorie A. Meyers, Fed. Pub. Def., Samy K. Khalil, Houston, TX, Marissa Perez-Garcia, Laredo, TX, for Mendoza-Sanchez.