United States Seventh Circuit

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US v. Pacheco-Diaz, 05-2264

Petition for rehearing in a prosecution for illegal reentry is denied where the district court properly applied a sentencing enhancement for reentry after removal for an aggravated felony since a second state marijuana-possession offense is an aggravated felony under federal law even if the alien was not charged as a recidivist in state court.

Appellate Information

  • Decided 01/29/2008
  • Published 01/29/2008

Judges

  • Before EASTERBROOK, Chief Judge, and ROVNER and SYKES, Circuit Judges.

Court

  • United States Seventh Circuit

Counsel

  • For Appellees:
  • Daniel E. May, Office of the United States Attorney, Chicago, IL, for Plaintiff-Appellee., Gary L. Starkman, McGuirewoods, Chicago, IL, for Defendant-Appellant.
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