U.S. v. SOSA-CARABANTES

No. 08-4109.

561 F.3d 256 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Gonzalo SOSA-CARABANTES, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: April 1, 2009.


Attorney(s) appearing for the Case

ARGUED: Matthew Segal, Federal Defenders Of Western North Carolina, Inc., Asheville, North Carolina, for Appellant. Adam Christopher Morris, Office of the United States Attorney, Charlotte, North Carolina, for Appellee. ON BRIEF: Claire J. Rauscher, Executive Director, Steven Slawinski, Federal Defenders Of Western North Carolina, Inc., Charlotte, North Carolina, for Appellant. Gretchen C.F. Shappert, United States Attorney, Charlotte, North Carolina, for Appellee.

Vacated and remanded by published opinion. Senior Judge ALARCÓN wrote the opinion, in which Judge SHEDD and Judge AGEE concurred.


OPINION

ALARCÓN, Senior Circuit Judge:

Appellant, Jose Sosa-Carabantes ("Sosa") appeals from the district court's imposition of a two-point enhancement pursuant to United States Sentencing Guidelines § 4A1.1 (e) ("U.S. S.G. § 4A1.1 (e)") relating to the sentence imposed for his conviction under 8 U.S.C. § 1326. Sosa contends that at the time Immigration and Customs Enforcement ("ICE") found him, for purposes of § 1326, he had not...

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