United States v. Labastida-Segura

PAUL KELLY, JR., Circuit Judge.

Defendant-Appellant Martin Labastida-Segura appeals from the sentence imposed upon his conviction of unlawful reentry by a previously deported alien in violation of 8 U.S.C. § 1326. The indictment alleged that Mr. Labastida-Segura, after being convicted of an aggravated felony (domestic violence), was deported from the United States, and was thereafter found in the United States on February 25, 2004, without first gaining permission from the Attorney General. Ultimately, in a plea agreement, the parties stipulated to the offense conduct as well as the prior…