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U.S. v. DELGADO-MARTINEZ

No. 08-50439.

564 F.3d 750 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Juan DELGADO-MARTINEZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 6, 2009.

Attorney(s) appearing for the Case

Joseph H. Gay, Jr., Asst. U.S. Atty., Mara A. Blatt, San Antonio, TX, for U.S.

Andre C. Poissant (Court-Appointed), El Paso, TX, for Defendant-Appellant.

Before SMITH, GARZA and CLEMENT, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

Juan Delgado-Martinez raises several procedural challenges to his 30-month sentence for illegal reentry. For the following reasons, we vacate and remand the case for re-sentencing.

I

Delgado-Martinez pleaded guilty to being found in the United States after removal in violation of 8 U.S.C. § 1326. A U.S. Probation Officer completed a Pre-Sentence Report ("PSR"). With regard...

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