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U.S. v. COEUR

No. 98-5711 Non-Argument Calendar.

196 F.3d 1344 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Osnel COEUR, a.k.a. Steve Coeur, a.k.a. Antonio Gray, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

December 2, 1999.

Attorney(s) appearing for the Case

Robert Craig Buschel, Ft, Lauderdale, FL, for Defendant-Appellant.

Kimberly Dunn, Asst. U.S. Atty., Evelio Yera, Miami, FL, for Plaintiff-Appellee.

Before EDMONDSON, CARNES and HULL, Circuit Judges.

PER CURIAM:

Osnel Coeur, after having been deported was "found to be in the United States," in violation of 8 U.S.C. § 1326(a). He appeals his sentence, contending that the district court improperly increased his criminal history points under U.S.S.G. § 4A1.1(d) after concluding that he committed the § 1326(a) crime while serving another sentence. The sentence he was serving at the time the INS found Coeur in this country was one he received after he...

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