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U.S. v. GARCIA-HERNANDEZ

Docket No. 00-1380.

237 F.3d 105 (2000)

UNITED STATES of America, Appellee, v. Jose Alfredo GARCIA-HERNANDEZ, Defendant-Appellant.

United States Court of Appeals, Second Circuit. August Term, 2000.

Decided: December 26, 2000.

Attorney(s) appearing for the Case

STEVEN G. KOBRE, Assistant United States Attorney, for Mary Jo White, United States Attorney for the Southern District of New York (Christine H. Chung, Assistant United States Attorney, on the brief), for Appellee.

COLLEEN P. CASSIDY, The Legal Aid Society Federal Defender Division, New York, NY, for Defendant-Appellant.

Before: CARDAMONE, JACOBS, and CALABRESI, Circuit Judges.

CALABRESI, Circuit Judge:

Upon conviction for illegally re-entering the United States, see 8 U.S.C. § 1326, defendant Jose Alfredo Garcia-Hernandez was sentenced by the United States District Court for the Southern District of New York (Jones, Judge) to 40 months in prison. The sentence imposed reflected a substantial enhancement for illegal re-entry following a prior conviction for an aggravated felony. See U.S.S.G. § 2L1.2(b)(1)(A...

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