United States v. Medina, No. 11-2458 (7th Cir. 2012)
Annotate this CaseMedina first entered the U.S. illegally, at age 16, in 1982. He was deported after two 1989 convictions, one for selling or transporting cocaine and the other for attempted robbery. He returned and was convicted of illegal reentry and again deported. He entered unlawfully a third time and was convicted of being found in the United States in violation of 8 U.S.C. 1326(a). He appealed the 37-month sentence he received, contending that he should not have received a sixteen-level enhancement for being deported after a felony conviction for a “drug trafficking offense” where the imposed sentence exceeded 13 months or after a felony “crime of violence.” Medina argued that his 1989 convictions did not fall within those definitions under the 1989 edition of the United States Sentencing Guidelines and so the enhancement does not apply. The Seventh Circuit affirmed; the crimes qualify under the 2010 Sentencing Guidelines, which were the guidelines in effect at the time of Medina’s sentencing.
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