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U.S. v. VARGAS-GARNICA

No. 02-4101.

332 F.3d 471 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Ariel VARGAS-GARNICA, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided June 10, 2003.

Attorney(s) appearing for the Case

Monica Mallory (argued), Office of the U.S. Attorney, Rockford, IL, for plaintiff-appellee.

John M. Nelson (argued), Rockford, IL, for defendant-appellant.

Before CUDAHY, POSNER, and EASTERBROOK, Circuit Judges.

CUDAHY, Circuit Judge.

Vargas-Garnica appeals the enhancement of his sentence for illegal reentry by a deported alien based on an earlier statutory rape conviction. Because the district court found that statutory rape is a "crime of violence" under U.S. Sentencing Guidelines Manual § 2L1.2(b)(1)(A)(ii) ("U.S.S.G."), it enhanced Vargas-Garnica's sentence by 16 levels. Vargas-Garnica argues that the earlier conviction...

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