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United States v. Rendon-Alamo

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Before MURPHY, GORSUCH, and HOLMES, Circuit Judges.

When calculating the applicable, albeit advisory, Guidelines sentence for Jose de Jesus Rendon-Alamo, the district court assessed a 16-level enhancement under U.S.S.G. § 2L1.2. The court did so because Mr. Rendon-Alamo’s criminal record included a term of imprisonment exceeding 13 months for a prior drug trafficking felony offense. Mr. Rendon-Alamo complains that the district court reached § 2L1.2′s critical 13-month threshold only by adding his original 9-month drug trafficking prison term to a 6-month prison term he received after violating the conditions of his probation. This aggregation business, Mr. Rendon-Alamo says, § 2L1.2 won’t allow.

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