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U.S. v. MARTINEZ-HERNANDEZ

No. 09-1420.

593 F.3d 761 (2010)

UNITED STATES of America, Appellee, v. Sergio MARTINEZ-HERNANDEZ, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: January 29, 2010.

Attorney(s) appearing for the Case

Kyra E. Jenner, U.S. Attorney's Office, Fort Smith, AR, for Appellee.

Jeffrey Scott Harrelson, Harrelson Law Firm, Texarkana, AR, for Appellant.

Sergio Martinez-Hernandez, Texarkana, AR, pro se.

Before LOKEN, Chief Judge, ARNOLD and BENTON, Circuit Judges.

BENTON, Circuit Judge.

Sergio Martinez-Hernandez pled guilty to transporting his 11-year-old stepdaughter from Arkansas to Florida to engage in sexual activity. He is already serving a 20-year state sentence for the attempted sexual battery of his step-daughter in Florida. At federal sentencing, the district court1 applied a four-level enhancement because Martinez-Hernandez abducted his victim. See U.S.S.G. § 2A3...

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