Defendants' sentences for illegal reentry into the U.S. are affirmed, where the District Court in each Defendant's case properly included Defendants' intervening state law crimes, before they were discovered by immigration authorities, in their criminal history calculation.
Argued and Submitted October 24, 2008
Filed June 26, 2009
Opinion by Judge Hall
Partial Concurrence and Partial Dissent by Judge Pregerson
Gia Kim, Deputy Federal Public Defender, Los Angeles, CA
Jeff P. Mitchell, Assistant United States Attorney, Domestic Security and Immigration Crimes Section, Los Angeles, CA
Erik M. Silber, Assistant United States Attorney, Criminal Appeals Section, Los Angeles, CA