At the appellant's sentencing for alleged llegal re-entry, the district court increased his sentence because it considered an earlier crime to be a "drug trafficking offense" under a relevant Sentencing Guideline. 21 U.S.C. §841(a)(1) is a federal drug trafficking offense as defined in Application Note 1 of U.S. Sentencing Guidelines §2L1.2. Consequently, it was an offense under subsection (b)(1) of this Guideline. The district court's judgment is affirmed. 5th U.S. Circuit Court of Appeals, No. 11-41063, 11-01-2012.
United States v. Rodriguez-Escareno
November 5, 2012
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