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U.S. v. DIOSDADO-STAR

No. 09-4723.

630 F.3d 359 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Roberto DIOSDADO-STAR, a/k/a Robert Guerrera, a/k/a S.P. Guitierez-Llanas, a/k/a Steve Collins, a/k/a Robert Star, a/k/a Jorge Villereal-Julio, a/k/a Esteban Gonzalez-Rivera, a/k/a Jorge Jorge-Villareal, a/k/a Roberto Herrera, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: January 24, 2011.

Attorney(s) appearing for the Case

ARGUED: Stephen Clayton Gordon , Office of the Federal Public Defender, Raleigh, North Carolina, for Appellant. Ethan A. Ontjes , Office of the United States Attorney, Raleigh, North Carolina, for Appellee. ON BRIEF: Thomas P. McNamara , Federal Public Defender, Raleigh, North Carolina, for Appellant. George E.B. Holding , United States Attorney, Anne M. Hayes , Assistant United States Attorney, Office of the United States Attorney, Raleigh, North Carolina, for Appellee.

Affirmed by published opinion. Judge AGEE wrote the opinion, in which Judge DAVIS and Senior Judge FABER concurred.

OPINION

AGEE, Circuit Judge:

Roberto Diosdado-Star ("Diosdado-Star") pled guilty to one count of being found in the United States after having been excluded, deported, and removed from the United States, in violation of 8 U.S.C. § 1326(a), and one count of possessing a counterfeit United States Resident Alien card, in violation of 18 U.S.C. § 1546(a). Diosdado-Star appeals his sentence of 84 months' imprisonment. For the following reasons, we affirm...

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