United States Sixth Circuit

District court's imposition of a 30 month sentence upon a defendant convicted of illegally re-entering the U.S. after having previously been deported following an aggravated felony conviction is affirmed where: 1) district court did not commit procedural error by relying on evidence of prior convictions in assessing criminal history points; 2) defendant's claim that the district court's finding that she re-entered the U.S. in December 1997 and remained here continuously thereafter is not supported by a preponderance of the evidence; and 3) defendant's sentence, at the low end of the advisory sentencing guidelines range, is not substantively unreasonable.

Appellate Information

• Argued 04/30/2010
• Decided 05/20/2010
• Published 05/20/2010

Judges

• Before COOK and McKEAGUE, Circuit Judges; HOOD, Senior District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:Kathleen G. Morris, Law Offices, Nashville, Tennessee, for Appellant. Mary Elizabeth McCullohs, Assistant United States Attorney, Nashville, Tennessee, for Appellee. ON BRIEF:Kathleen G. Morris, Law Offices, Nashville, Tennessee, for Appellant. Mary Elizabeth McCullohs, Assistant United States Attorney, Nashville, Tennessee, for Appellee.