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U.S. v. VILLA-LARA

No. 05-10262.

451 F.3d 963 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Juan VILLA-LARA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided May 9, 2006.

Attorney(s) appearing for the Case

Cynthia S. Hahn, Assistant Federal Public Defender, Reno, NV, for the appellant.

Robert Don Gifford, Assistant United States Attorney, Reno, NV, for the appellee.

Before: HUG, JR., ALARCÓN, and McKEOWN, Circuit Judges.

HUG, Circuit Judge:

Defendant Juan Villa-Lara ("Villa-Lara") appeals his sixty-four month sentence for unlawful re-entry after deportation in violation of 8 U.S.C. § 1326(a). Villa-Lara's sentence was based on Sentencing Guidelines calculations, including a sixteen-level enhancement under U.S.S.G. 2L1.2(b)(1)(A)(i) for a prior Nevada "drug trafficking offense" felony conviction where the imposed sentence exceeded 13 months.

Villa-Lara argues that his...

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