United States Ninth Circuit

In an appeal from a judgment of the district court convicting defendant of unlawfully attempting to reenter the United States after having previously been removed, 8 U.S.C. section 1326, conviction and sentencing are upheld where the district court correctly increased defendant's sentencing by eight levels because defendant's prior petty theft conviction was based upon on a plea to conduct that constitutes a generic theft offense, and because this was a theft offense conviction for which the term of imprisonment was at least one year.

Appellate Information

• Decided 09/23/2011
• Published 09/23/2011

Judges

• KORMAN

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Marc X. Carlos, Laura E. Duffy