United States v. Marlon Jason Horatio Phillips
Court of Appeals for the Eleventh Circuit
Non-Argument Calendar.
1Per curiam
Marlon Jason Phillips appeals his seventy-month sentence, imposed following his guilty plea for illegal re-entry after deportation, in violation of 8 U.S.C. § 1326. He raises three issues: (1) whether a prior conviction for the attempted sale of a controlled substance qualifies as a drug trafficking offense under U.S.S.G. § 2L1.2(b)(l)(A); (2) whether his term of parole terminated prematurely in light of his deportation; and (3) whether his sentence violates United States v. Booker, 543 U.S. —, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). Issues (1) and (2) involve matters of first impression in…
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