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U.S. v. AMAYA-PORTILLO

No. 04-4672.

423 F.3d 427 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Abelardo AMAYA-PORTILLO, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided September 6, 2005.

Attorney(s) appearing for the Case

ARGUED: Daniel William Stiller, Assistant Federal Public Defender, Office of the Federal Public Defender, Greenbelt, Maryland, for Appellant. Bonnie S. Greenberg, Assistant United States Attorney, Office of the United States Attorney, Baltimore, Maryland, for Appellee. ON BRIEF: James Wyda, Federal Public Defender, Greenbelt, Maryland, for Appellant. Thomas M. DiBiagio, United States Attorney, Baltimore, Maryland, for Appellee.

Before WIDENER and SHEDD, Circuit Judges, and CACHERIS, Senior United States District Judge for the Eastern District of Virginia, sitting by designation.

Reversed and remanded by published opinion. Senior Judge CACHERIS wrote the opinion, in which Judge WIDENER joined. Judge SHEDD wrote a separate opinion concurring in part and dissenting in part.

OPINION

CACHERIS, Senior District Judge.

Jose Amaya-Portillo appeals the district court's application of Sentencing Guideline 2L1.2(b)(1)(C), a sentencing enhancement applied when an alien was previously deported after a conviction for an "aggravated felony...

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