United States v. Jorge Rodriguez-Rodriguez, United States of America v. Jorge Rodriguez-Rodriguez
Court of Appeals for the Ninth Circuit
1Opinion of the Court
ORDER
TROTT, Circuit Judge:
The Opinion filed April 20, 2004, and appearing at 364 F.3d 1142 (9th Cir.2004) is amended as follows. Replace Section D with the following:
D. Sentencing
The sentencing judge's application of the Sentencing Guidelines, including whether a prior conviction is a “crime of violence” or an “aggravated felony” for the purposes of U.S.S.G. § 2L1.2, is reviewed de novo. United States v. Bonilla-Montenegro, 331 F.3d 1047, 1049 (9th Cir.2003).
The Guidelines provide that a sentence is enhanced by sixteen levels if an alien “previously was deported, or unlawfully remained in the…
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