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U.S. v. ROJAS-LUNA

No. 07-40016.

522 F.3d 502 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Arturo ROJAS-LUNA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 26, 2008.

Attorney(s) appearing for the Case

Mary Jane Harmon, James Lee Turner, Asst. U.S. Atty., Houston, TX, for U.S.

Marjorie A. Meyers, Fed. Pub. Def., H. Michael Sokolow, Houston, TX, for Defendant-Appellant.

Before KING, STEWART and PRADO, Circuit Judges.

PRADO, Circuit Judge:

Defendant-Appellant Arturo Rojas-Luna ("Rojas-Luna") appeals the sentence he received for violating 8 U.S.C. § 1326(a) by illegally entering the United States after previously being removed. Because we conclude that the district court's use of Rojas-Luna's 2006 removal for purposes enhancing his sentence pursuant to 8 U.S.C. § 1326(b)(2) was plainly erroneous, we VACATE Rojas-Luna's sentence and REMAND for resentencing in conformance...

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