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U.S. v. RIOS-CORTES

No. 10-10483.

649 F.3d 332 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Alejandro RIOS-CORTES, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 5, 2011.

Attorney(s) appearing for the Case

James Wesley Hendrix , Asst. U.S. Atty. (argued), Dallas, TX, for Plaintiff-Appellee.

Kevin Joel Page , Fed. Pub. Def. (argued), Dallas, TX, for Defendant-Appellant.

Before SMITH and STEWART, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

Alejandro Rios-Cortes appeals his sentence for illegal reentry following deportation. The presentence report recommended that the court increase his base offense level, pursuant to U.S.S.G. § 2L1.2(b)(1)(C), for a prior conviction for theft, an aggravated felony. That conviction resulted in a two-year sentence that was probated for five years. Rios-Cortes violated the terms of his probation, and so it was revoked, but the sentencing...

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