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U.S. v. MEDINA-VILLA

No. 07-50396.

567 F.3d 507 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Cosme MEDINA-VILLA, also known as Cosme Medina-Maella, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed May 28, 2009.

Attorney(s) appearing for the Case

Michelle D. Anderson, Law Offices of Michelle D. Anderson, San Diego, CA, for defendant-appellant Cosme Medina-Villa.

Karen P. Hewitt, U.S. Atty., Christina M. McCall (on the brief), and Mark R. Rehe (at argument and on supplemental briefing), Asst. U.S. Attys., San Diego, CA, for plaintiff-appellee United States of America.

Before: HARRY PREGERSON, SUSAN P. GRABER, and KIM McLANE WARDLAW, Circuit Judges.

WARDLAW, Circuit Judge:

Cosme Medina-Villa ("Medina"), also known as Cosme Medina-Maella, returns to our court, again convicted of attempted reentry into the United States after removal in violation of 8 U.S.C. § 1326. He was sentenced to a sixty-month term of imprisonment and three years of supervised release, following a sixteen-level increase in his offense level for a prior conviction under California Penal Code section 288(a), which criminalizes lewd and...

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