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U.S. v. BENITEZ-DIAZ

No. 02-1343.

337 F.3d 1080 (2003)

UNITED STATES of America, Appellee, v. Carlos BENITEZ-DIAZ, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: July 31, 2003.

Rehearing Denied: September 2, 2003.

Attorney(s) appearing for the Case

Anthony B. Ramirez, argued, St. Louis, MO, for appellant.

Tiffany G. Becker, AUSA, argued, St. Louis, MO, for appellee.

Before WOLLMAN, HEANEY, and BYE, Circuit Judges.

PER CURIAM.

The government charged Carlos Benitez-Diaz, an alien, with illegal reentry after deportation subsequent to an aggravated felony conviction. Benitez-Diaz pleaded guilty pursuant to a plea agreement in which he waived his right to appeal his sentence. Despite the waiver, Benitez-Diaz filed this appeal claiming the district court erred in assessing a 16-level adjustment to his sentence pursuant to United States Sentencing Guideline § 2L1.2. For the reasons...

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