United States v. Felix Reyes-Parada , 240 F. App'x 352 ( 2007 )


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  •                                                           [DO NOT PUBLISH]
    IN THE UNITED STATES COURT OF APPEALS
    FOR THE ELEVENTH CIRCUIT            FILED
    U.S. COURT OF APPEALS
    ___________________________ ELEVENTH CIRCUIT
    SEPTEMBER 4, 2007
    THOMAS K. KAHN
    No. 06-13700
    CLERK
    ___________________________
    D.C. Docket No. 05-00524-CR-T-17EAJ
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee,
    versus
    FELIX REYES-PARADA,
    a.k.a Daniel Reyes-Parada,
    a.k.a. Daniel Reyes,
    Defendant-Appellant.
    _______________________
    Appeal from the United States District Court
    for the Middle District of Florida
    _______________________
    (September 4, 2007)
    Before EDMONDSON, Chief Judge, and CARNES and FAY, Circuit Judges.
    PER CURIAM:
    Reyes-Parada was convicted of violating 8 U.S.C. § 1326(a) & (b)(1), and
    was sentenced to 46 months imprisonment after the district court applied the
    sixteen-level enhancement under U.S.S.G. § 2L1.2(b)(1)(A)(ii). Reyes-Parada’s
    sole contention is that the enhancement should not have been applied because the
    2000 California conviction for assault with a deadly weapon, upon which the
    enhancement was based, was not a “conviction for a felony” within the meaning of
    the guideline. That contention is foreclosed by the conviction in this case itself,
    which was based on Reyes-Parada’s guilty plea to the indictment which charged,
    among other things, that he “previously had been convicted of a felony offense, to
    wit:” the California assault with a deadly weapon offense.
    Because the guilty plea and conviction based on it, which have not been
    challenged, establish that Reyes-Parada’s 2000 California conviction is a felony,
    we reject his contention that he should have been sentenced as though it were not.
    AFFIRMED.
    2
    

Document Info

Docket Number: 06-13700

Citation Numbers: 240 F. App'x 352

Judges: Carnes, Edmondson, Fay, Per Curiam

Filed Date: 9/4/2007

Precedential Status: Non-Precedential

Modified Date: 8/2/2023