United States Sixth Circuit

In sentencing for illegal reentry into the U.S., the district court did not fail to explicitly find that the original deportation was based on an "aggravated felony" within the meaning of 8 U.S.C. section 1326(a). Where changes in the U.S.S.G. are substantive, defendant need not be sentenced under the amended Guidelines.

Appellate Information

• Argued 01/30/2003
• Decided 02/05/2003
• Published 02/05/2003

Judges

• Before:  MARTIN, Chief Circuit Judge;  MERRITT and LAY, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• David O. Bauer (argued and briefed), Assistant U.S. Attorney, U.S. Attorney's Office, Toledo, OH, for Plaintiff-Appellee., Elaine Mittleman (argued and briefed), Falls Church, VA, for Defendant-Appellant.