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U.S. v. MARTINEZ-VARELA

No. 07-4375.

531 F.3d 298 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Jesus MARTINEZ-VARELA, a/k/a Cruz Echeverria-Mendez, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided June 25, 2008.

Attorney(s) appearing for the Case

ARGUED: Raquel Kathy Wilson, 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: Claire J. Rauscher, Executive Director, Federal Defenders of Western North Carolina, Inc., Asheville, North Carolina, for Appellant. Gretchen C.F. Shappert, United States Attorney, Charlotte, North Carolina, for Appellee.

Affirmed by published opinion. Judge GREGORY wrote the opinion, in which Judge WILKINSON and Judge KING joined.

OPINION

GREGORY, Circuit Judge:

The Appellant, Jesus Martinez-Varela ("Varela"), a/k/a Cruz Echeverria-Mendez, pled guilty to illegal reentry into the United States after deportation following an aggravated felony, in violation of 8 U.S.C. § 1326(a) and (b)(2). United States Sentencing Guideline ("U.S.S.G.") § 2L.1.2(b)(1) provides that the base offense level for a person convicted of illegal reentry into...

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