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U.S. v. HERRERA-ZUNIGA

No. 08-1540.

571 F.3d 568 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Leonardo HERRERA-ZUNIGA, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 8, 2009.

Attorney(s) appearing for the Case

ARGUED: Richard D. Stroba, Office of the Federal Public Defender, Grand Rapids, Michigan, for Appellant. Jennifer L. McManus, Assistant United States Attorney, Grand Rapids, Michigan, for Appellee. ON BRIEF: Richard D. Stroba, Office of the Federal Public Defender, Grand Rapids, Michigan, for Appellant. Donald Daniels, Assistant United States Attorney, Grand Rapids, Michigan, for Appellee.

Before: COLE and CLAY, Circuit Judges; CLELAND, District Judge.

OPINION

CLAY, Circuit Judge.

After Defendant, Leonardo Herrera-Zuniga ("Herrera-Zuniga"), pleaded guilty to illegally reentering the country after previously being removed subsequent to a felony conviction, in violation of 8 U.S.C. §§ 1326(a) and 1326(b)(1), the district court sentenced him to 48 months imprisonment, a term significantly above the 24-to-30-months sentencing range recommended under the...

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