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U.S. v. BENITEZ-DE LOS SANTOS

No. 10-3263.

650 F.3d 1157 (2011)

UNITED STATES of America, Appellee, v. Jesus BENITEZ-DE LOS SANTOS, also known as Ruben Salina-Castro, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: August 18, 2011.

Attorney(s) appearing for the Case

Richard Haile McWilliams , AFPD, Omaha, NE, for Appellant.

Frederick D. Franklin , AUSA, Omaha, NE, for Appellee.

Before MURPHY and COLLOTON, Circuit Judges, and ERICKSON, District Judge.

COLLOTON, Circuit Judge.

Jesus Benitez-De Los Santos pleaded guilty to illegal reentry into the United States after deportation, in violation of 8 U.S.C. § 1326(a) and (b)(2). The district court2 applied a twelve-level specific offense characteristic to Benitez-De Los Santos's advisory sentencing guideline range pursuant to USSG § 2L1.2(b)(1)(B), calculated his guideline range as 30 to 37 months' imprisonment, and sentenced him...

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