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U.S. v. MUÑOZ-ORTENZA

No. 07-51344.

563 F.3d 112 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Ernesto MUÑOZ-ORTENZA, also known as Mario Gonzalez-Muñoz, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 18, 2009.

Attorney(s) appearing for the Case

Joseph H. Gay, Jr., Asst. U.S. Atty., Elizabeth Berenguer, San Antonio, TX, for Plaintiff-Appellee.

Thomas L. Wright, El Paso, TX, for Defendant-Appellant.

Before DAVIS, CLEMENT and ELROD, Circuit Judges.

JENNIFER W. ELROD, Circuit Judge:

Defendant-Appellant Ernesto Munoz-Ortenza pleaded guilty to illegal reentry in violation of 8 U.S.C. § 1326, and appeals his sentence of forty-one months of imprisonment and three years of supervised release based in part on a sixteen-level enhancement that resulted from Munoz-Ortenza's previous criminal conviction in California for oral copulation of a minor. We vacate and remand for resentencing.

I. BACKGROUND

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