United States v. Rodriguez-Bernal, No. 14-10287 (5th Cir. 2015)
Annotate this CaseDefendant-appellant Fermin Rodriguez-Bernal was sentenced to two years of imprisonment after being convicted of possession with intent to distribute less than one gram of heroin under Texas law. After he had served ten months, his sentence was discharged, and he was released to immigration detainers and removed to El Salvador. He later pleaded guilty of illegally reentering the United States. The district court sentenced him to seventy months of imprisonment after applying, inter alia, a sixteen-level enhancement under U.S. Sentencing Guidelines 2L1.2(b)(1)(A)(i) for the possession-with-intent offense. Defendant argued on appeal to the Fifth Circuit maintains that it was error to apply the enhancement and that the sentence was substantively unreasonable. Finding no reversible error, the Fifth Circuit affirmed.
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