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U.S. v. MAROQUIN-BRAN

No. 08-4464.

587 F.3d 214 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Marvin MAROQUIN-BRAN, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: November 9, 2009.

Attorney(s) appearing for the Case

ARGUED: G. Alan DuBois, Office of the Federal Public Defender, Raleigh, North Carolina, for Appellant Jennifer P. May-Parker, Office of the United States Attorney, Raleigh, North Carolina, for Appellee. ON BRIEF: Thomas P. McNamara, Federal Public Defender, Raleigh, North Carolina, for Appellant. George E.B. Holding, United States Attorney, Anne M. Hayes, Assistant United States Attorney, Office of the United States Attorney, Raleigh, North Carolina, for Appellee.

Vacated and remanded by published opinion. Judge MOTZ wrote the opinion, in which Judge AGEE and Judge DAVIS joined.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge:

Marvin Maroquin-Bran, a Guatemalan citizen, pled guilty to illegally re-entering the United States following deportation. After applying the sixteen-level sentencing enhancement permitted by United States Sentencing Guidelines Manual ("U.S.S.G.") § 2L1.2(b)(1)(A) (2008), the district court sentenced Maroquin-Bran to fifty-seven months in prison and three years of supervised...

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