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United States of America v. Antonio Medina

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ARGUED JANUARY 11, 2012

Before KANNE, WILLIAMS, and HAMILTON, Circuit Judges.

Antonio Medina was deported after two 1989 convictions, one for selling or trans- porting cocaine and the other for attempted robbery. But that did not prevent him from returning to the United States unlawfully, where he was convicted of illegal re-entry and again deported. He entered the United States unlawfully a third time and was convicted in this case of being found in the United States in viola- tion of 8 U.S.C. § 1326(a). He appeals the thirty-seven month sentence he received, contending that he should not have received a sixteen-level enhancement for being deported after a felony conviction for a “drug trafficking offense” where the imposed sentence ex- ceeded thirteen months or after a felony “crime of vio- lence.” Medina argues that his 1989 convictions did not fall within those definitions under the 1989 edition of the United States Sentencing Guidelines and so the en- hancement does not apply. But because the crimes qualify under the 2010 Sentencing Guidelines, which were the guidelines in effect at the time of Medina’s sentencing and are the guidelines that matter, the en- hancement was proper. Therefore, we affirm Medina’s sentence.

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