(DOWNLOAD) "United States v. Bonilla" by United States Court of Appeals for the Ninth Circuit ~ eBook PDF Kindle ePub Free
eBook details
- Title: United States v. Bonilla
- Author : United States Court of Appeals for the Ninth Circuit
- Release Date : January 10, 2008
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
Carlos Constantino Bonilla ("Bonilla") pleaded guilty to being unlawfully present in the United States after deportation, in violation of 8 U.S.C. § 1326. The district court sentenced Bonilla to serve forty-one months in prison, followed by a three-year term of supervised release. Bonilla contends that the district court erred in adjusting his base offense level upward based upon his prior conviction for attempted manslaughter under New York Penal Law § 125.15. Bonilla also challenges the presumption of reasonableness that attaches to a sentence within a properly calculated guidelines range; and he challenges the constitutionality of § 1326(b)s treatment of prior felony and aggravated felony convictions as sentencing factors. These latter two arguments are foreclosed by Supreme Court precedent. Although the district court erred in applying the crime of violence enhancement, because it imposed a reasonable alternative non-guideline sentence, we affirm.