U.S. v. DUARTE

No. 08-50902.

569 F.3d 528 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Jorge Heriberto DUARTE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 1, 2009.


Attorney(s) appearing for the Case

Joseph H. Gay, Jr., Mark Randolph Stelmach, Asst. U.S. Attys., San Antonio, TX, for U.S.

Judy Fulmer Madewell, Henry Joseph Bemporad, Fed. Pub. Defenders, San Antonio, TX, for Duarte.

Before JONES, Chief Judge, and HIGGINBOTHAM and HAYNES, Circuit Judges.


PATRICK E. HIGGINBOTHAM, Circuit Judge:

After he was apprehended on March 15, 2008, near El Paso, within a few days of wading across the Rio Grande into Texas, Jorge Heriberto Duarte, a Mexican national, pled guilty to illegal reentry1 on June 19, 2008, and on August 29 he received a sentence of forty-six months' imprisonment, at the low end of the range advised under the federal sentencing guidelines...

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