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U.S. v. GONZALES-VELA

No. 00-5417.

276 F.3d 763 (2001)

UNITED STATES of America, Plaintiff-Appellant, v. Juan Ezequiel GONZALES-VELA, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided November 21, 2001.

Attorney(s) appearing for the Case

Charles P. Wisdom, Jr., Asst. U.S. Atty. (briefed), David A. Marye, Asst. U.S. Atty. (briefed), Lexington, KY, for Plaintiff-Appellant.

C. William Swinford, Jr. (briefed), Lexington, KY, for Defendant-Appellee.

Before MERRITT and DAUGHTREY, Circuit Judges, and WELLS, District Judge.

DAUGHTREY, J., delivered the opinion of the court, in which WELLS, D.J., joined. MERRITT, J., delivered a separate dissenting opinion.

OPINION

DAUGHTREY, Circuit Judge.

Following his plea of guilty to the charge of illegal re-entry into the United States, the defendant. Juan Ezequiel Gonzales-Vela, was sentenced to a prison term of 21 months. The government now contends that the district court erred in failing to add 16 levels to the defendant's...

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