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United States v. Patterson
Citation: 22 F. App'x 894Docket: No. 01-10347; D.C. No. CR-99-00134-DWH
Court: Court of Appeals for the Ninth Circuit; December 27, 2001; Federal Appellate Court
Walter Watson Patterson appeals a 33-month sentence imposed by the district court following his guilty plea for illegal reentry after deportation, violating 8 U.S.C. § 1326. The appellate court affirms the sentence, asserting jurisdiction under 28 U.S.C. § 1291. Patterson argues that the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) amended 8 U.S.C. § 1326(b)(2) to define a separate crime rather than a sentencing factor. He also claims that his sentence enhancement under subsection (b)(2) is improper, as it applies only to individuals who have been "removed," while his indictment specified "deported." The court rejects both arguments, referencing its prior ruling in United States v. Arellano-Rivera, which determined that subsection (b)(2) is indeed a sentencing factor. The court also cites United States v. Lopez-Gonzalez, confirming that there is no meaningful distinction between deportation and removal for the purposes of § 1326. Consequently, Patterson's appeal is denied, and the original sentence is affirmed. The disposition is not suitable for publication and cannot be cited in future cases except under specific Ninth Circuit rules.