United States v. Miguel Trinidad-Aquino
Court of Appeals for the Ninth Circuit
1Opinion of the Court
Opinion by Judge MICHAEL DALY HAWKINS; Dissent by Judge KOZINSKI
MICHAEL DALY HAWKINS, Circuit Judge:
The government appeals Miguel Trinidad-Aquino’s sentence for illegally re-entering the United States following deportation, a violation of 8 U.S.C. § 1326. We are asked to decide whether Trinidad-Aquino should have received a sixteen-level increase in base offense level under Sentencing Guidelines § 2L1.2(b)(l)(A) because he was previously deported after conviction for an “aggravated felony.” The answer turns on a question of law: does a California conviction for driving under the influence of…
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