United States v. Gomez-Leon
Court of Appeals for the Ninth Circuit
1Opinion of the Court
Opinion by Judge GIBSON; Partial Concurrence and Partial Dissent by Judge O’SCANNLAIN.
GIBSON, Circuit Judge:
Javier Gomez-Leon was found guilty by the district court of attempted entry into the United States after deportation, 8 U.S.C. § 1326, following a non-jury trial. The district court sentenced Gomez to 84 months’ imprisonment based on an advisory Guidelines range of 84-105 months. The district court arrived at that advisory range by beginning with a base offense level of eight, applying a sixteen-level enhancement under U.S.S.G. § 2L1.2(b)(l)(A) (prescribing an increase in sentencing…
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