United States Ninth Circuit

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US v. Garcia-Jimenez, 09-50304

Defendant's sentence following his guilty plea to one count of being an illegal alien found in the U.S. after deportation is affirmed where the district court properly: 1) calculated defendant's criminal history category under the Sentencing Guidelines, adding two criminal history points under U.S.S.G. section 4A1.1(d), which requires additional points "if the defendant committed the instant offense while under any criminal justice sentence, including . . . parole"; and (2) added one criminal history point under U.S.S.G. section 4A1.1(e), which requires additional points "if the defendant committed the instant offense less than two years after release from imprisonment on a sentence counted under [U.S.S.G. section 4A1.1](a)."

Appellate Information

  • Decided 10/06/2010
  • Published 10/06/2010

Judges

  • Jay S. Bybee

Court

  • United States Ninth Circuit

Counsel

  • For Appellant:
  • Amanda M. Bettinelli, Kathryn A. Young