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U.S. v. MUNOZ-CERNA

No. 94-1202.

47 F.3d 207 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Francisco MUNOZ-CERNA, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided February 7, 1995.

Attorney(s) appearing for the Case

Stephen P. Sinnott, Asst. U.S. Atty., James Shapiro (argued), Office of U.S. Atty., Crim. Div., Barry Rand Elden, Asst. U.S. Atty., Crim. Receiving, Appellate Div., Chicago, IL, for plaintiff-appellee.

Stephen D. Berman, Arthur A. Liberty, II (argued), Azulay & Azulay, Chicago, IL, for defendant-appellant.

Before CUMMINGS, CUDAHY and RIPPLE, Circuit Judges.

RIPPLE, Circuit Judge.

Francisco Munoz-Cerna was convicted of illegally entering the United States after having been previously arrested and deported. See 8 U.S.C. § 1326(b). Relying on U.S.S.G. § 2L1.2(b)(2), the district court enhanced the applicable guideline range by 16 levels and imposed a sentence of five years of imprisonment. In this appeal, Mr. Munoz-Cerna challenges the lawfulness of that sentence. For the reasons set forth in the following...

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