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U.S. v. VENTURA

No. 09-3101.

650 F.3d 746 (2011)

UNITED STATES of America, Appellee, v. Manuel De Jesus VENTURA, also known as Mario Hernandez-Chacon, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided July 1, 2011.

Attorney(s) appearing for the Case

Beverly G. Dyer , Assistant Federal Public Defender, argued the cause for appellant. With her on the briefs was A.J. Kramer , Federal Public Defender. Neil H. Jaffee , Assistant Federal Public Defender entered an appearance.

Michelle Shamblin Stratton , Attorney, U.S. Department of Justice, argued the cause for appellee. With her on the brief were Ronald C. Machen, Jr. , United States Attorney, and Roy W. McLeese III and Angela G. Schmidt , Assistant U.S. Attorneys.

Opinion for the Court filed by Circuit Judge BROWN.

BROWN, Circuit Judge:

Appellant Manuel De Jesus Ventura ("Ventura") pleaded guilty to violating 8 U.S.C. § 1326(a), and § 1326(b)(2), which together prohibit the illegal reentry of an alien who has been deported following an aggravated felony conviction. The district court twice sentenced Ventura. We reversed both times, remanding each time for resentencing — first, because the district court did not consider Ventura's U.S. Sentencing Guidelines ...

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