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U.S. v. GALLEGOS-AGUERO

No. 04-14242 Non-Argument Calendar.

409 F.3d 1274 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Guillermo GALLEGOS-AGUERO, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

May 18, 2005.

Attorney(s) appearing for the Case

R. Fletcher Peacock, Fed. Pub. Def., Mary A. Mills, Asst. Fed. Pub. Def., Tampa, FL, for Defendant-Appellant.

Peter J. Sholl, Tampa, FL, for Plaintiff-Appellee.

Before BARKETT, HULL and WILSON, Circuit Judges.

PER CURIAM:

Guillermo Gallegos-Aguero appeals his 96-month sentence for illegal re-entry into the United States following a conviction for an aggravated felony, in violation of 8 U.S.C. § 1326(a) and (b)(2). Gallegos-Aguero argues that the district court violated his Sixth Amendment rights by imposing a 16-level increase in his offense level pursuant to U.S.S.G. § 2L1.2(b)(1)(A)(vii),1 based on the fact of his prior conviction...

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