Wednesday, April 25, 2007

Texas conviction for delivery of a controlled substance was not a drug-trafficking offense under U.S.S.G. section 2L1.2(b)(1).

US v. Gonzales, No. 05-41221
Defendant's sentence for reentry of a removed alien is vacated where the district court committed plain error in applying a 16-level enhancement for a prior drug-trafficking conviction, because his Texas conviction for delivery of a controlled substance was not a drug-trafficking offense under U.S.S.G. section 2L1.2(b)(1).

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