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U.S. v. DIAZ-DIAZ

No. 02-20392.

327 F.3d 410 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Juan Jose DIAZ-DIAZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 3, 2003.

Attorney(s) appearing for the Case

Paula Camille Offenhauser (argued) and James Lee Turner, Asst. U.S. Attys., Houston, TX, for Plaintiff-Appellee.

Roland E. Dahlin, II, Fed. Pub. Def., H. Michael Sokolow (argued), Houston, TX, for Defendant-Appellant.

Before GARWOOD, SMITH and BARKSDALE, Circuit Judges.

RHESA HAWKINS BARKSDALE, Circuit Judge:

Juan Jose Diaz-Diaz contests a 16-level sentencing enhancement. Pursuant to a guilty plea, he was convicted for illegal presence in the United States in September 2000, following deportation after having been convicted of an aggravated felony. See 8 U.S.C. § 1326(a) and (b)(2). The enhancement, not objected to at sentencing in 2002, was under the then-in-effect 2001 version of Sentencing Guidelines §...

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