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.
- Decided 01/29/2008
- Published 01/29/2008
- Before EASTERBROOK, Chief Judge, and ROVNER and SYKES, Circuit Judges.
- United States Seventh Circuit
- 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.