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U.S. v. GARCIA-ORTIZ

No. 01-51287.

310 F.3d 792 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Uriel GARCIA-ORTIZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 28, 2002.

Attorney(s) appearing for the Case

Joseph H. Gay, Jr., Asst. U.S. Atty., Margaret M. Embry, San Antonio, TX, for Plaintiff-Appellee.

Henry Joseph Bemporad, San Antonio, TX, for Defendant-Appellant.

Before EMILIO M. GARZA and CLEMENT, Circuit Judges, and DAVIS, District Judge.

EMILIO M. GARZA, Circuit Judge:

Uriel Garcia-Ortiz appeals his sentence of sixteen months' imprisonment for illegal reentry after deportation, in violation of 8 U.S.C. § 1326. Garcia-Ortiz pled guilty to the instant offense, and had a previous conviction for felony possession of less than a gram of cocaine. At sentencing, the district court granted his motion for a downward departure and reduced the offense level to 10. The offense level, combined with Garcia...

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