U.S. v. ALFARO

No. 04-40176.

408 F.3d 204 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Carlos Alfredo ALFARO, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 28, 2005.


Attorney(s) appearing for the Case

James Lee Turner, Asst. U.S. Atty. (argued), Houston, TX, for U.S.

Marjorie A. Meyers, Fed. Pub. Def., Timothy William Crooks (argued), Asst. Fed. Pub. Def., Houston, TX, for Alfaro.

Before KING, Chief Judge, and BENAVIDES and STEWART, Circuit Judges.


KING, Chief Judge:

Defendant-Appellant Carlos Alfredo Alfaro pled guilty to being knowingly and unlawfully present in the United States following deportation, in violation of 8 U.S.C. § 1326, 6 U.S.C. § 202, and 6 U.S.C. § 557. At sentencing, the district court increased his offense level by sixteen points pursuant to UNITED STATES SENTENCING GUIDELINES ("U.S.S.G.") § 2L1.2(b)(1)(A)(ii) (2002), which provides for an enhancement if the defendant...

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