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U.S. v. MARBAN-CALDERON

No. 09-40207.

631 F.3d 210 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Deciderio MARBAN-CALDERON, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 18, 2011.

Attorney(s) appearing for the Case

Robert L. Rawls , Asst. U.S. Atty., Beaumont, TX, for U.S.

Gary R. Bonneaux , Asst. Fed. Pub. Def., Beaumont, TX, Amy R. Blalock , Fed. Pub. Def., Tyler, TX, for Defendant-Appellant.

Before HIGGINBOTHAM, SMITH and ELROD, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Defendant-appellant Deciderio Marban-Calderon ("Marban") pleaded guilty in October 2008 to one count of illegal reentry following a previous deportation.1 At a sentencing hearing in February 2009, Marban received a 16-level sentence enhancement for a prior felony drug trafficking offense2 based on his 2005 Texas state-law conviction for delivery of a controlled substance...

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