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U.S. v. CARALES-VILLALTA

No. 09-40468.

617 F.3d 342 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Nelson Arceny CARALES-VILLALTA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 26, 2010.

Attorney(s) appearing for the Case

John Richard Berry , Asst. U.S. Atty. (argued), James Lee Turner , Asst. U.S. Atty., Houston, TX, for Plaintiff-Appellee.

Marjorie A. Meyers , Fed. Pub. Def., Laure Fletcher Leavitt , Asst. Fed. Pub. Def. (argued), Houston, TX, for Defendant-Appellant.

Before JOLLY and GARZA, Circuit Judges, and STARRETT, District Judge.

STARRETT, District Judge:

Nelson Arceny Carales-Villalta (Carales) appeals the 37-month sentence imposed on remand for resentencing following his initial appeal from his guilty plea conviction and original sentence for illegal reentry, in violation of 8 U.S.C. § 1326. Specifically, he challenges the eight-level aggravated felony enhancement assessed by the district court under U.S.S.G. § 2L1.2(b)(1)(C) based on his 1999 Texas conviction for delivery of cocaine...

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