Post-Conviction Relief for Immigrants



 
 

§ 7.115 (D)

 
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(D)  Federal Sentences.  A prior conviction held invalid on nonconstitutional grounds may be used to enhance a federal sentence.[410]

 


[410] United States v. Ullyses-Salazar, 28 F.3d 932 (9th Cir. June 20, 1994), cert. denied, 514 U.S. 1020 (1995), overruled by United States v. Gomez-Rodriguez, 96 F.3d 1262 (9th Cir. September 24, 1996) (where prior state court convictions were obtained in error, but such error was not unconstitutional, the convictions can be used as prior convictions for Federal sentencing criminal history score).

 

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