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U.S. v. RODRIGUEZ

No. 04-4609.

433 F.3d 411 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Efrain RODRIGUEZ, a/k/a Feratu Rodriguez, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided January 3, 2006.

Attorney(s) appearing for the Case

ARGUED: Geremy Charles Kamens, Assistant Federal Public Defender, Office of the Federal Public Defender, Alexandria, Virginia, for Appellant. Beth Nicole Gibson, Special Assistant United States Attorney, Office of the United States Attorney, Alexandria, Virginia, for Appellee. ON BRIEF: Frank W. Dunham, Jr., Federal Public Defender, Frances H. Pratt, Research and Writing Attorney, Alexandria, Virginia, for Appellant. Paul J. McNulty, United States Attorney, Eugene J. Rossi, Assistant United States Attorney, Alexandria, Virginia, for Appellee.

Before TRAXLER, KING, and DUNCAN, Circuit Judges.

Vacated and remanded by published opinion. Judge KING wrote the opinion, in which Judge TRAXLER and Judge DUNCAN joined.

OPINION

KING, Circuit Judge.

Appellant Efrain Rodriguez seeks relief from the forty-six-month sentence imposed upon him after his 2004 guilty plea and conviction in the Eastern District of Virginia. Rodriguez was convicted of unlawfully entering the United States after having been deported...

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