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U.S. v. BUSTILLOS-PENA

No. 09-20360.

612 F.3d 863 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Arturo BUSTILLOS-PENA, a/k/a Arturo Pena Bustillos, a/k/a Arturo Bustillos, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 26, 2010.

Attorney(s) appearing for the Case

Eileen K. Wilson, James Lee Turner, Asst. U.S. Atty., Houston, TX, for U.S.

Marjorie A. Meyers, Fed. Pub. Def., Laura Fletcher Leavitt, Asst. Fed. Pub. Def., Houston, TX, for Defendant-Appellant.

Before GARWOOD, STEWART and CLEMENT, Circuit Judges.

GARWOOD, Circuit Judge:

On October 21, 2008, Arturo Bustillos-Peña (Bustillos) pleaded guilty to violating 8 U.S.C. § 1326 by being knowingly and unlawfully present in the United States on or about November 18, 2005 in Huntsville, Texas, after having been deported for an aggravated felony. At sentencing, over his objection, the district court enhanced his offense by sixteen levels on the ground that he had reentered the United States after being convicted...

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