United States v. Cervantes-Chavez

MEMORANDUM OPINION AND ORDER

JAMES O. BROWNING, District Judge.

THIS MATTER comes before the Court on the Defendant’s Exception to *1299Pre-Sentence Report and Request for Ev-identiary Hearing, filed June 27, 2014 (Doc. 20) (“Objections”). The Court held a hearing on September 12, 2014. The primary issues are: (i) whether to apply the cross-reference provision of the guideline for being an illegal alien in possession of a firearm and calculate Defendant Omar Cervantes-Chavez’ sentence under the drug-possession guideline, even though Cervantes-Chavez’ crime of conviction was being an illegal alien in…