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U.S. v. RODRIGUEZ-DUBERNEY

No. 02-20713.

326 F.3d 613 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Julio Cesar RODRIGUEZ-DUBERNEY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 25, 2003.

Attorney(s) appearing for the Case

Tony Ray Roberts (argued), McAllen, TX, James Lee Turner, Asst. U.S. Atty, Houston, TX, for Plaintiff-Appellee.

Roland E. Dahlin, II, Federal Public Defender, Brent Evan Newton, Asst. Federal Public Defender (argued), Houston, TX, for Defendant-Appellant.

Before JONES, WIENER, and DeMOSS, Circuit Judges.

DeMOSS, Circuit Judge:

Appellant Julio Cesar Rodriguez-Duberney ("Duberney") pleaded guilty to one count of illegally reentering the United States after deportation in violation of 8 U.S.C. §§ 1326(a) and (b)(2). At sentencing, the district court applied a sixteen-level upward adjustment based on Duberney's prior conviction for a felony drug trafficking offense under the Travel Act. Duberney objected arguing that the court should only look at the elements...

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