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U.S. v. ALVARADO-SANTILANO

No. 05-10261.

434 F.3d 794 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Aquiles ALVARADO-SANTILANO, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 29, 2005.

Attorney(s) appearing for the Case

Marcus James Busch (argued), Dallas, TX, for U.S.

Jerry V. Beard, Asst. Fed. Pub. Def. (argued), Lubbock, TX, Ira Raymond Kirkendoll, Fed. Pub. Def., Dallas, TX, for Defendant-Appellant.

Before REAVLEY, GARZA and BENAVIDES, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

Aquiles Alvarado-Santilano ("Alvarado") appeals his sentence for illegal reentry after deportation pursuant to 8 U.S.C. §§ 1326(a) and (b)(2). The district court found that Alvarado had been previously convicted of an aggravated felony, determined that the statutory maximum sentence was therefore twenty years as opposed to two, and increased Alvarado's base offense level by sixteen levels pursuant to U.S.S.G. § 2L1.2...

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