United States v. Figuereo
Court of Appeals for the First Circuit
1Opinion of the Court
LIPEZ, Circuit Judge.
José Figuereo pled guilty to being found in the United States after having been deported, a violation of 8 U.S.C. § 1326 (2003). In calculating Figuereo’s sentence of 57 months’ imprisonment and three years of supervised release, the district court added two criminal history points pursuant to United States Sentencing Guideline (“U.S.S.G.”) § 4Al.l(d) (2003) because Figuereo committed the instant offense — being found in the United States — while serving a state prison sentence. Figuereo appeals his sentence, arguing that the district court erred in applying § 4Al.l(d)…
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