Vacated and remanded by published opinion. Chief Judge WILKINSON wrote the majority opinion, in which Judge TRAXLER joined. Judge MICHAEL wrote a dissenting opinion.
OPINION
WILKINSON, Chief Judge.
Daniel Alejo-Alejo pleaded guilty to one count of being an illegal alien found in the United States after deportation, in violation of 8 U.S.C. § 1326(a) and (b)(2). At the sentencing hearing, the district court departed downward from the applicable...
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