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U.S. v. CORTEZ-ARIAS

No. 04-10184.

403 F.3d 1111 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Emilio CORTEZ-ARIAS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed April 18, 2005.

Attorney(s) appearing for the Case

Robert B. Walker, Carson City, NV, for the appellant.

Daniel G. Bogden, United States Attorney, and Robert Don Gifford, Assistant United States Attorney, Reno, NV, for the appellee.

Before D.W. NELSON, KLEINFELD, and GOULD, Circuit Judges.

GOULD, Circuit Judge:

Jose Emilio Cortez-Arias appeals from the 46-month prison sentence that the district court imposed for illegal re-entry into the United States after being deported, in violation of 8 U.S.C. § 1326(a). The district court imposed a sixteen level increase in offense level pursuant to United States Sentencing Commission, Guidelines Manual (USSG), § 2L1.2(b)(1)(A), because it found that under our precedent in United States v. Weinert...

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