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U.S. v. TELLEZ-MARTINEZ

No. 06-50647 Summary Calendar.

517 F.3d 813 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Jose TELLEZ-MARTINEZ, also known as Jose Luz Tellez-Martinez, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied March 18, 2008.

Attorney(s) appearing for the Case

Joseph H. Gay, Jr., Asst. U.S. Atty., Mara A. Blatt, San Antonio, TX, for U.S.

Henry Joseph Bemporad, Fed. Pub. Def., San Antonio, TX, for Tellez-Martinez.

Before KING, HIGGINBOTHAM and DAVIS, Circuit Judges.

PER CURIAM.

Jose Tellez-Martinez (Tellez) pleaded guilty to illegal reentry into the United States after previously being deported, in violation of 8 U.S.C. § 1326. The presentence report (PSR) assigned Tellez a base offense level of eight. Because Tellez had a prior conviction for robbery in California, the PSR increased the base offense level by 16 levels pursuant to U.S.S.G. § 2L1.2(b)(1)(A)(ii). After a three-level reduction for acceptance of responsibility...

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