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U.S. v. GARCIA-ROBLES

No. 09-1980.

640 F.3d 159 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Julio C. GARCIA-ROBLES, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 10, 2011.

Attorney(s) appearing for the Case

ARGUED: Todd A. Shanker , Federal Defender Office, Detroit, Michigan, for Appellant. Michael R. Mueller , Assistant United States Attorney, Detroit, Michigan, for Appellee. ON BRIEF: Todd A. Shanker , Rafael C. Villarruel , Federal Defender Office, Detroit, Michigan, for Appellant. Michael R. Mueller , Assistant United States Attorney, Detroit, Michigan, for Appellee.

Before: SUTTON and GRIFFIN, Circuit Judges; BERTELSMAN, District Judge.

OPINION

GRIFFIN, Circuit Judge.

This is defendant Julio C. Garcia-Robles's second sentencing appeal. In our prior opinion, we vacated Garcia-Robles's sentence as procedurally unreasonable and remanded for resentencing in a general remand order. However, on remand, over defendant's objections, the district court resentenced defendant to the same sentence without holding a resentencing hearing. In this appeal, Garcia-Robles claims that his resentencing was...

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