United States v. Jesus Domingo Martinez-Cruz, — F.3d —-, No. 15-2167 (10th Cir. 2016)
Sep 12, 2016OUTCOME: The Tenth Circuit reversed and remanded in a published opinion.
Mr. Martinez-Cruz was convicted of, among other things, unlawful re-entry after deportation. Section 2L1.2 of the federal sentencing guidelines provided a significant sentencing enhancement if a defend ... ant had a prior “drug trafficking” conviction. Mr. Martinez-Cruz had a prior conviction for conspiracy to possess a controlled substance with the intent to distribute it, under 21 U.S.C. Section 846. The district court decided that that conviction counted, and applied the enhancement. The district court also, for good measure, said it was “absurd” to argue against the enhancement.
