United States Fifth Circuit

Defendant's sentence for illegally reentering the U.S. is affirmed, where the District Court erred by applying an enhancement because Defendant's prior sentence did not meet the requirements for a "sentence imposed" under the Sentencing Guidelines. However, because Defendant failed to object to the sentence in the District Court and the law on the issue was not clearly established, the District Court did not commit plain error.

Appellate Information

• Decided 08/26/2009
• Published 08/26/2009

Judges

• JERRY E. SMITH, Circuit Judge:, Before HIGGINBOTHAM, SMITH and SOUTHWICK, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Lauretta Ann Drake, James Lee Turner, Asst. U.S. Atty., Houston, TX, for U.S., Marjorie A. Meyers, Fed. Pub. Def., Margaret Christina Ling, Asst. Fed. Pub. Def., Houston, TX, for Rodriguez-Parra.