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U.S. v. GARCIA-LOPEZ

No. 03-3513.

375 F.3d 586 (2004)

UNITED STATES of America, Plaintiff-Appellant, v. Javier GARCIA-LOPEZ, a/k/a Noel Garcia, a/k/a Noel Pedraza Garcia, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided July 12, 2004.

Attorney(s) appearing for the Case

Gregory J. Haanstad, Office of the United States Attorney, Milwaukee, WI, for Plaintiff-Appellant.

Nancy Joseph, Federal Defender Services of Eastern Wisconsin, Inc., Milwaukee, WI, for Defendant-Appellee.

Before RIPPLE, KANNE, and WILLIAMS, Circuit Judges.

KANNE, Circuit Judge.

Javier Garcia-Lopez was indicted and pled guilty to a violation of 8 U.S.C. § 1326(a) and (b) for illegal reentry into the United States following his previous deportation and removal. Based upon a 1996 armed robbery conviction, which led to Garcia-Lopez's 1999 deportation, the pre-sentence investigation report recommended a sixteen-level sentencing increase under U.S.S.G. § 2L1.2(b)(1)(A)(ii) (2003). However, prior to the sentencing...

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