US v. Rendon-Alamo, No. 10-2089 - Criminal Law - U.S. Tenth Circuit
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US v. Rendon-Alamo, No. 10-2089

Illegal Reentry Sentence Affirmed

In US v. Rendon-Alamo, No. 10-2089, the court affirmed defendant's sentence for illegal reentry into the U.S. after a previous deportation where 1) in 2003, the Sentencing Commission added a commentary to U.S.S.G. section 2L1.2 defining the term "sentence imposed" to "include[] any term of imprisonment given upon revocation of probation, parole, or supervised release," and to "include" means "[t]o contain as a member of an aggregate"; and 2) thus, the district court's sentence was predicated on a correct calculation of the advisory Guidelines range.

As the court wrote:  "When calculating the applicable, albeit advisory, Guidelines sentence for
Jose de Jesus Rendon-Alamo, the district court assessed a 16-level enhancement under U.S.S.G. § 2L1.2. The court did so because Mr. Rendon-Alamo's criminal record included a term of imprisonment exceeding 13 months for a prior drug trafficking felony offense. Mr. Rendon-Alamo complains that the district court reached § 2L1.2's critical 13-month threshold only by adding his original 9-month drug trafficking prison term to a 6-month prison term he received after violating the conditions of his probation. This aggregation business, Mr. Rendon-Alamo says, § 2L1.2 won't allow."

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