United States v. Pascacio-Rodriguez, No. 12-40264 (5th Cir. 2014)
Annotate this CaseDefendant appealed his sentence after being convicted under 8 U.S.C. 1326(a) and (b) as an alien unlawfully present in the United States following deportation. The district court concluded that defendant's prior state-court conviction for conspiracy to commit murder warranted a sixteen-level enhancement under U.S.S.G. 2L1.2. The court concluded that conspiracy to commit murder, within the meaning of Application Note 5 of section 2L1.2, did not require an overt act as an element of the offense and the court rejected defendant's claims to the contrary. Accordingly, the court affirmed the district court's judgment.
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