United States Ninth Circuit

Sentence for illegal reentry is affirmed, as the District Court properly applied a 12-level enhancement pursuant to U.S.S.G. Section 2L1.2(b)(1)(A) where: 1) defendant's 1992 conviction for delivery of heroin under Revised Code of Washington Section 69.50.401(a)(1)(i) was for a "drug trafficking offense"; 2) Section 69.50.401 is not categorically overbroad; 3) the District Court did not rest its sentence on any clearly erroneous fact; and 4) the sentence was substantively reasonable.

Appellate Information

• Decided 02/05/2015
• Published 02/05/2015

Judges

• Callahan

Court

• United States Ninth Circuit

Counsel