United States DC Circuit

After a conviction for being found in the U.S. under 8 U.S.C. section 1326(a), a two-point sentence enhancement was proper as the date of re-entry must be considered as relevant conduct, and the district court did not plainly err in interpreting evidence of defendant's admissions as to illegal reentry.

Appellate Information

• Argued 05/09/2003
• Decided 06/03/2003
• Published 06/03/2003

Judges

• Before:  EDWARDS, HENDERSON and RANDOLPH, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Tony Axam, Jr., Assistant Federal Public Defender, argued the cause for appellant.   With him on the briefs was A. J. Kramer, Federal Public Defender.  Neil H. Jaffee, Assistant Federal Public Defender, entered an appearance.


• For Appellees:
  
• Thomas J. Tourish, Jr., Assistant U.S. Attorney, argued the cause for appellee.   On the brief were Roscoe C. Howard, Jr., U.S. Attorney, John R. Fisher, Barbara J. Valliere, William J. O'Malley, Jr., and Ann M. Carroll, Assistant U.S. Attorneys.