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United States v. F. Perez-Alejo, 02-3369 (2003)

Court: Court of Appeals for the Eighth Circuit Number: 02-3369 Visitors: 56
Filed: Feb. 21, 2003
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 02-3369 _ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * Northern District of Iowa. Francisco Perez-Alejo, * [UNPUBLISHED] * Appellant. * _ Submitted: February 13, 2003 Filed: February 21, 2003 _ Before BOWMAN, WOLLMAN, and LOKEN, Circuit Judges. _ PER CURIAM. Francisco Perez-Alejo pleaded guilty to illegal reentry after deportation, in violation of 8 U.S.C. § 1326, and possession
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                    United States Court of Appeals
                            FOR THE EIGHTH CIRCUIT
                                   ___________

                                   No. 02-3369
                                   ___________

United States of America,               *
                                        *
            Appellee,                   *
                                        * Appeal from the United States
      v.                                * District Court for the
                                        * Northern District of Iowa.
Francisco Perez-Alejo,                  *    [UNPUBLISHED]
                                        *
            Appellant.                  *
                                   ___________

                         Submitted: February 13, 2003

                              Filed: February 21, 2003
                                   ___________

Before BOWMAN, WOLLMAN, and LOKEN, Circuit Judges.
                        ___________

PER CURIAM.

       Francisco Perez-Alejo pleaded guilty to illegal reentry after deportation, in
violation of 8 U.S.C. § 1326, and possession of a firearm by an illegal alien, in
violation of 18 U.S.C. § 922(g)(5). The district court1 sentenced him to 41 months
imprisonment and 2 years supervised release on both counts, to be served
concurrently. On appeal, Perez-Alejo argues that the district court plainly erred in



      1
      The Honorable Donald E. O’Brien, United States District Judge for the
Northern District of Iowa.
failing to group the two offenses under U.S.S.G. § 3D1.2(a), because they involved
the same victim (society at large) and the same transaction.

       We find no plain error. See United States v. Scott, 
243 F.3d 1103
, 1108 (8th
Cir. 2001) (standard of review). The two offenses address different societal interests.
Thus, they cannot be grouped. See U.S.S.G. § 3D1.2, comment. (n.2) (where victim
is societal interest that has been harmed, counts are grouped together only where
societal interests are closely related); United States v. Barron-Rivera, 
922 F.2d 549
,
554-55 (9th Cir. 1991) (§ 922(g) protects society against those deemed unqualified
to possess firearms, while § 1326 is designed to enforce immigration laws); see also
United States v. Herrera, 
265 F.3d 349
, 353 (6th Cir. 2001) (district court properly
did not group illegal-reentry and firearm offenses because purposes behind laws are
dissimilar); United States v. Salgado-Ocampo, 
159 F.3d 322
, 328 (7th Cir. 1998)
(same); United States v. Baeza-Suchil, 
52 F.3d 898
, 900 (10th Cir. 1995) (same).

      The judgment is affirmed.

      A true copy.

             Attest:

                     CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.




                                          -2-

Source:  CourtListener

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