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U.S. v. MATAMOROS-MODESTA

Nos. 07-4105, 07-4118.

523 F.3d 260 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Santos MATAMOROS-MODESTA, a/k/a Jose Perez Balrino, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Santos Matamoros-Modesta, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided April 10, 2008.

Attorney(s) appearing for the Case

ARGUED: Matthew R. Segal, Federal Defenders of Western North Carolina, Inc., Asheville, North Carolina, for Appellant. Amy Elizabeth Ray, Office of the United States Attorney, Asheville, North Carolina, for Appellee. ON BRIEF: Raquel K. Wilson, Federal Defenders of Western North Carolina, Inc., Asheville, North Carolina, for Appellant. Gretchen C.F. Shappert, United States Attorney, Charlotte, North Carolina, for Appellee.

Vacated and remanded by published opinion. Judge KING wrote the opinion, in which Judge MOTZ and Judge GREGORY joined.

OPINION

KING, Circuit Judge:

Santos Matamoros-Modesta appeals in No. 07-4105 from his thirty-seven-month sentence for illegal reentry into the United States after removal, in contravention of the Immigration and Nationality Act (the "INA"), specifically 8 U.S.C. § 1326. Matamoros-Modesta maintains that the district court erred — in the wake of the Supreme Court's decision in Lopez v. Gonzales, 549 U.S. 47, 127 S.Ct. 625, 166 L.Ed.2d 462...

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