Criminal Law

Dist. Ct. erred in increasing defendant's offense level by 16 levels under section 2L1.2 of USSG in sentencing him on charge of illegal re-entry into U.S. after having been deported where offense level increase was based on three-year sentence that resulted from probation revocation that occurred after defendant had served original 180-day sentence on said charge. Relevant sentence for purpose of imposing instant enhancement was original 180-day term of incarceration, and thus Dist. Ct. should have increased offense level by only 12 levels since original sentence was less than 13 months.

Dist. Ct. did not err in denying defendant's motion for new trial on arson charges arising out of defendant's payment to employee to set fire to defendant's bar, even though defendant argued that his trial counsel was ineffective by: (1) failing to question seated juror on potential bias issue: (2) neglecting to investigate certain evidence that would have established defendant's innocence; and (3) failing to call alibi witnesses. Defense counsel's failure to question juror, who had relative who worked for company insuring defendant's bar, was legitimate trial strategy where both defendant and defense counsel believed that juror as sports aficionado might be sympathetic to defendant. Moreover, record did not support defendant's claim that counsel made no effort to interview or evaluate certain witnesses, and defendant otherwise failed to establish how additional investigation of certain witnesses or testimony supplied by alleged alibi witnesses would have assisted his case.