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U.S. v. GARCIA-ARELLANO

No. 06-11276 Summary Calendar.

522 F.3d 477 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Abel GARCIA-ARELLANO, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 25, 2008.

Attorney(s) appearing for the Case

Juan Carlos Rodriguez, Dallas, TX, for U.S.

Kevin Joel Page, Dallas, TX, for Defendant-Appellant.

Before WIENER, GARZA, and BENAVIDES, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

Abel Garcia-Arellano ("Garcia") appeals the sentence imposed for his unlawful reentry following removal from the United States. Garcia asserts that the district court plainly erred by enhancing his sentence based on the determination that his prior Texas conviction for unlawful delivery of cocaine qualifies as a drug-trafficking offense under the sentencing guidelines. Garcia also asserts that the felony and aggravated felony provisions...

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