United States v. Coeur

Osnel Coeur, after having been deported was “found to be in the United States,” in violation of 8 U.S.C. § 1326(a). He appeals his sentence, contending that the district court improperly increased his criminal history points under U.S.S.G. § 4Al.l(d) after concluding that he committed the § 1326(a) crime while serving another sentence. The sentence he was serving at the time the INS found Coeur in this country was one he received after he had entered illegally, which was also in violation of § 1326(a). Because the specific § 1326(a) crime Coeur was convicted of is the crime of being “found…