Immigration – Illegal Re-Entry – Sentencing – ‘Drug Trafficking’ Offense

By Deborah Elkins
Published: November 16, 2009

Rejecting its own unpublished opinion from 2007, the 4th Circuit vacates the enhanced sentence for a Guatemalan citizen convicted of illegal reentry into the U.S. because his 1998 California conviction for marijuana transport may not qualify as a “drug trafficking” conviction for a 16-level sentence enhancement. Defendant’s appeal requires us to determine whether the proper predicate ...

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