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U.S. v. MOLINA

No. 08-1368.

563 F.3d 676 (2009)

UNITED STATES of America, Appellee, v. Herbert Alejandro MOLINA, also known as Teodoro Nava, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: May 4, 2009.

Attorney(s) appearing for the Case

William A. Delaney, III, AFPD, Sioux Falls, SD, for appellant.

Kevin Koliner, AUSA, Sioux Falls, SD, for appellee.

Before MURPHY, RILEY and GRUENDER, Circuit Judges.

GRUENDER, Circuit Judge.

Herbert Alejandro Molina pled guilty to illegally reentering the United States after being deported in violation of 8 U.S.C. § 1326(a). At sentencing, the district court1 correctly determined that Molina's total offense level under the advisory sentencing guidelines was 21. Since Molina's criminal history placed him in category VI, his advisory sentencing guideline...

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