United States v. Acuna-Reyna, No. 11-10428 (11th Cir. 2012)
Annotate this CaseDefendant appealed his sentence of imprisonment of 27 months for illegal reentry after deportation. At issue was whether a sentencing court could assess a criminal history point for an uncounseled misdemeanor conviction where defendant was sentenced to probation and a monetary fine. The court agreed with the government's alternative contention that, even if the imposition of a sentence of probation violated defendant's right to counsel, the sentencing judge was entitled to assess the criminal history point for the monetary fine because that portion of the sentence remained valid. Accordingly, the court affirmed the sentence.
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