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U.S. v. PALOMINO-RIVERA

No. 00-3640.

258 F.3d 656 (2001)

UNITED STATES of America, Plaintiff-Appellant, v. Roberto PALOMINO-RIVERA, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided July 20, 2001.

Attorney(s) appearing for the Case

Andrew Porter (argued), Office of the U.S. Attorney, Criminal Appellate Division, Chicago, IL, for plaintiff-appellant.

William H. Theis (argued), Office of the Federal Defender Program, Chicago, IL, Paul Flynn, Federal Defender Services of Eastern Wisconsin, Inc., Milwaukee, WI, for defendant-appellee.

Before RIPPLE, KANNE and EVANS, Circuit Judges.

RIPPLE, Circuit Judge.

Roberto Palomino-Rivera was indicted on one count of being present in the United States without authorization after having been deported previously, in violation of 8 U.S.C. § 1326. He pleaded guilty. The Government recommended that Mr. Palomino-Rivera receive a sixteen-level increase in offense level pursuant to United States Sentencing Guideline § 2L1.2(b)(1)(A) because he had been deported...

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