Defendant waived his issue on appeal regarding Dist. Ct.’s imposition of 24-month term of incarceration on charge of illegal reentry into U.S. after having been deported, even through defendant argued that Dist. Ct. erred in making guideline calculation and in imposing eight-level enhancement arising out of his prior conviction that was deemed to be aggravated felony. Defendant acknowledged at guilty plea hearing Dist. Ct.’s guideline calculation and registered no objection to said calculation in his sentencing memorandum. Moreover, Dist. Ct. specifically asked defendant whether he had objection to calculation of base level offense or to imposition of instant enhancement and defendant’s counsel said “no.” Defendant also registered no objection to enhancement in his written plea agreement.
Federal 7th Circuit Court
Criminal Court
Waiver