United States v. Garcia-Sandobal, No. 11-12196 (11th Cir. 2013)
Annotate this CaseDefendant pled guilty to unlawful reentry to the United States and was sentenced to 87 months of imprisonment. Defendant contended that the district court erred when it accepted his guilty plea and enhanced his sentence for having been removed following a conviction for an aggravated felony; the district court erred when it increased his offense level under the Sentencing Guidelines for having been convicted of a "crime of violence" before his removal; and the district court erred when it increased his criminal history score by counting a prior conviction for disorderly intoxication. The court held that defendant waived his first argument when he pleaded guilty; a prior panel precedent, United States v. Romo-Villalobos, foreclosed his second argument; and defendant's third argument failed because his conviction was more similar to a conviction for disorderly conduct than to a conviction for public intoxication. Accordingly, the court affirmed the judgment.
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