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U.S. v. SARMIENTO-FUNES

No. 03-40741.

374 F.3d 336 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Jose SARMIENTO-FUNES, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 21, 2004.

Attorney(s) appearing for the Case

Mitchel Neurock (argued), Laredo, TX, James Lee Turner, Asst. U.S. Atty., Houston, TX, for Plaintiff-Appellee.

Roland E. Dahlin, II, Federal Public Defender, Aurora Ruth Bearse (argued), John S. Paul, Houston, TX, for Defendant-Appellant.

Before KING, Chief Judge, and REAVLEY and EMILIO M. GARZA, Circuit Judges.

KING, Chief Judge:

The defendant pleaded guilty to illegally reentering the country after having been deported. On appeal, he principally challenges the imposition of a sixteen-level sentence enhancement under U.S.S.G. § 2L1.2. We affirm the conviction but vacate the sentence and remand for resentencing.

I. BACKGROUND

Defendant-Appellant Jose Sarmiento-Funes, a citizen of Honduras, was indicted in January...

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