United States v. Coeur - Eleventh Circuit U.S. Court of Appeals

United States v. Coeur

By Eleventh Circuit U.S. Court of Appeals

  • Release Date: 1999-12-02
  • Genre: Law
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United States v. Coeur Eleventh Circuit U.S. Court of Appeals Book Review Score: ★★★★★ 5/5 stars

Osnel Coeur, after having been deported was "found to be in the United States," in violation of 8 U.S.C. § 1326(a). He appeals his sentence, contending that the district court improperly increased his criminal history points under U.S.S.G. § 4A1.1(d) after concluding that he committed the § 1326(a) crime while serving another sentence. The sentence he was serving at the time the INS found Coeur in this country was one he received after he had entered illegally, which was also in violation of § 1326(a). Because the specific § 1326(a) crime Coeur was convicted of is the crime of being "found in" the United States after having been deported, and the INS found him in this country while he was serving another sentence, we conclude that the district court did not err in applying § 4A1.1(d) of the Guidelines.

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