U.S. v. Gonzales-Lara

Dist. Ct. did not err in sentencing defendant to 66-month term of incarceration on charge of illegal re-entry into U.S. after having been deported, even though Dist. Ct. applied 16-level enhancement under section 2L1-2(b)(1)(A)(i) after finding that, prior to his deportation, defendant was convicted of drug offense that resulted in prison term exceeding 13 months. While defendant’s original sentence for sale of $50 of cocaine was less than 13 months imprisonment, defendant still qualified for enhancement where: (1) defendant subsequently violated terms of probation for instant cocaine offense and was sentenced to three years’ imprisonment; and (2) defendant’s initial conviction and probation revocation occurred prior to his deportation and re-entry.