United States v. Duarte-Juarez

Adelfo Duarte-Juarez pleaded guilty to knowingly and unlawfully being found present in the United States after deportation, in violation of 8 U.S.C. § 1326. The presentence report calculated his base offense level as eight, pursuant to U.S.S.G. § 2L1.2(a). Sixteen levels were added, pursuant to U.S.S.G. 2L1.2(b)(l)(A), because of a prior conviction for harboring an illegal alien. Duarte-Juarez objected to the sixteen-level enhancement on the ground that harboring an alien within the United States is not equivalent to alien-smuggling for profit, as defined under U.S.S.G. § 2L1.2(b)(l)(A) (Nov.…