United States v. Sanchez-Garcia
Court of Appeals for the Eighth Circuit
1Opinion of the Court
BENTON, Circuit Judge.
On December 22, 2009, Omaha police stopped Alberto Sanchez-Garcia for driving with no license plates. As he left the vehicle, a 9mm Beretta fell from his waistband. Sanchez-Garcia, a citizen of Mexico, pled guilty to illegal reentry after deportation, and possession of a firearm by an illegal alien. See 8 U.S.C. § 1326(a); 18 U.S.C. §§ 922(g)(5), 924(a)(2).
For Count I, the presentence investigation report (PSR) set the base offense level at 8. See U.S.S.G. § 2L1.2(a). The PSR added a 16-level enhancement, because Sanchez-Garcia had been deported “after a conviction for a…
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