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U.S. v. LAURICO-YENO

No. 09-50093.

590 F.3d 818 (2010)

UNITED STATES of America, Respondent-Appellee, v. Mark LAURICO-YENO, Petitioner-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed January 4, 2010.

Attorney(s) appearing for the Case

Karen P. Hewitt, United States Attorney, Douglas Keehn (argued), Assistant United States Attorney, Bruce R. Castetter, Assistant United States Attorney, Mark R. Rehe, Assistant United States Attorney, United States Attorney's Office, San Diego, CA, for plaintiff-appellee United States of America.

Kristi A. Hughes, Federal Defenders of San Diego, Inc., San Diego, CA, for the defendant-appellant.

Before: RONALD M. GOULD and CARLOS T. BEA, Circuit Judges, and DONALD W. MOLLOY, District Judge.

MOLLOY, District Judge:

Appellant Mark Laurico-Yeno ("Laurico") pleaded guilty to one count of being a deported alien found in the United States, in violation of 8 U.S.C. § 1326(a) and (b). At sentencing, he received a sixteen-point increase in his base offense level under U.S.S.G. § 2L1.2 after the sentencing judge determined his prior conviction of Inflicting Corporal Injury on Spouse/Cohabitant Partner in violation...

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