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Criminal Law

: Tenth Circuit Blog

Reentry Defendant Received a 13+ Month Sentence For Prior Drug Offense With Prob. Violation Sentence Added

By Shari Allison

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United States v. Rendon-Alamo, ___ F.3d ___ , 2010 WL xxx (10th Cir. 2010) (NM) (No. 10-2089)According to the guidelines' Commentary, the calculation of whether a reentry defendant received more than 13 months imprisonment for a prior felony drug offense, which qualifies a reentry defendant for the 16 point bump up under the USSG § 2L1.2, includes any aggregate sentence of the original sentence added to a probation violation sentence. In this case defendant?s probation violation sentence of 6 months was added to his original sentence of 9 months, for a 15-month sentence.

Full post as published by Tenth Circuit Blog on October 20, 2010 (boomark / email).

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