U. S. v. Medina

Dist. Ct. did not err in sentencing defendant to 37-month term of incarceration on 2009 charge of illegal re-entry into U.S. after having been deported where said sentence was based, in part, on 16-level enhancement for being previously deported after felony conviction for drug trafficking offense. While defendant argued that his 1989 conviction for selling/transporting cocaine did not constitute qualifying crime for said enhancement under sentencing guidelines at time of his 1989 conviction, instant enhancement was proper since defendant's prior conviction was qualifying crime under 2010 sentencing guidelines applicable at time of sentencing. Ct. also rejected defendant's claim that instant enhancement was improper because his 1989 conviction had been previously used to enhance his 1995 conviction for illegal re-entry into U.S.