United States v. Garcia-Sanchez

43 F. App'x 581

• Court: Court of Appeals for the Fourth Circuit
• Decided: August 8, 2002
• Docket: 02-4084
• Status: Unpublished

Opinion

OPINION

PER CURIAM.

Luis Armando Garcia-Sanchez was charged in a one-count indictment with being an aggravated felon who entered the United States without consent of the Attorney General after having been previously deported in violation of 8 U.S.C.A. § 1326(a), (b)(2) (West 1999). The district court sentenced him to sixty-five months in prison, three years of supervised release, and imposed a $100 special assessment.

The Presentence Report calculated Garcia-Sanchez’s base offense level at eight. U.S. Sentencing Guidelines Manual § 2L1.2(a) (2000). Because Garcia Sanchez had reentered the United States after having been deported following a conviction of assaulting a public servant, an aggravated felony, he received a sixteen-level enhancement. USSG § 2L1.2(b)(l)(A). This conviction was also included in his criminal history calculation.

On appeal, Garcia-Sanchez argues the district court erred in calculating his offense levels and criminal history by double-counting his conviction for assault on a public servant, because the prior conviction was a part of the same course of conduct as his current conviction and had also been considered in establishing the guideline range. Because Garcia-Sanchez did not raise the issue below, this court reviews his claim for plain error. Fed. R.Crim.P. 52(b); United States v. Olano, 507 U.S. 725, 731-32, 113 S.Ct. 1770, 123 L.Ed.2d 508 (1993).

We have previously held that double-counting in the § 1326 context is appropriate under the Guidelines. United States v. Crawford, 18 F.3d 1173, 1179-80 (4th Cir.1994). Accordingly, we affirm Gareia-Sanchez’s conviction and sentence. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED.