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U.S. v. MORALES-MARTINEZ

No. 06-40467.

496 F.3d 356 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Roberto MORALES-MARTINEZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 8, 2007.

Attorney(s) appearing for the Case

Mark Michael Dowd, Brownsville, TX, James Lee Turner, Asst. U.S. Atty., Houston, TX, for U.S.

Marjorie A. Meyers, Fed. Pub. Def., Laura Fletcher Leavitt, Asst. Fed. Pub. Def., Houston, TX, for Defendant-Appellant.

Before HIGGINBOTHAM, GARZA and BENAVIDES, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

The defendant, Roberto Morales-Martinez ("Morales-Martinez"), pleaded guilty to illegal re-entry in violation of 8 U.S.C. § 1326(a). The district court applied a sentencing enhancement after finding that Morales-Martinez has a prior conviction for a drug trafficking offense; Morales-Martinez had previously pleaded guilty to a state charge for delivery of cocaine. Morales-Martinez challenges...

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