Lugo filed a motion to suppress evidence on April 23, 1997, and an evidentiary hearing on that motion was held on April 25, 1997.
Lugo argues that the district court erred by raising sua sponte issues for the government which were not pled in the briefs leading to a subsequent evidentiary hearing on the motion to suppress and causing unfair delay.
Lugo's prior conviction was a misdemeanor under Utah law; and (3) the sixteen level increase was inappropriate because the underlying offense was not an aggravated felony as defined by 8 U.S.C. § 1101(a)(43).
Feeds |
Contact