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U.S. v. ANDINO-ORTEGA

No. 09-40498.

608 F.3d 305 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. German ANDINO-ORTEGA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 8, 2010.

Attorney(s) appearing for the Case

Carmen Castillo Mitchell, James Lee Turner, Asst. U.S. Attorneys, Sherri Lynn Zack, Asst. U.S. Atty. (argued), Houston, TX, for Plaintiff-Appellee.

Marjorie A. Meyers, Fed. Pub. Def., Molly Estelle Odom, Asst. Fed. Pub. Def. (argued), Houston, TX, for Defendant-Appellant.

Before: BARKSDALE, GARZA and DENNIS, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

Appellant German Andino-Ortega appeals his 60-month sentence. For the reasons set forth herein, we VACATE Andino-Ortega's sentence and REMAND for resentencing.

I

Andino-Ortega pleaded guilty to one count of being unlawfully present in the United States following deportation, in violation of 8 U.S.C. § 1326. Under the Guidelines applicable to this case, the presentence report ("PSR") recommended a base offense...

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