UNITED STATES of America, Plaintiff-Appellee, v. Fidel Jose LUNA-MADELLAGA, Defendant-Appellant
Court of Appeals for the Ninth Circuit
1Opinion of the Court
T.G. NELSON, Circuit Judge:
Defendant Fidel Jose Luna-Madellaga appeals his sentence imposed following his plea of guilty to illegally reentering the United States after deportation, in violation of 8 U.S.C. § 1326(a)(2). We have jurisdiction over this appeal under 28 U.S.C. § 1291. We affirm.
I
At the time the district court sentenced defendant on the illegal reentry after deportation conviction, defendant was serving a sentence in Nevada State Prison for an unrelated offense. The district court therefore applied U.S.S.G. § 5G1.3, 1 which specifically addresses situations where the defendant…
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