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U.S. v. NEVARES-BUSTAMANTE

No. 10-31110.

669 F.3d 209 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Ricardo NEVARES-BUSTAMANTE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 25, 2012.

Attorney(s) appearing for the Case

Camille Ann Domingue , Asst. U.S. Atty. (argued), Joseph Thomas Mickel , Lafayette, LA, for Plaintiff-Appellee.

Mark David Plaisance (argued), (Court-Appointed), Thibodaux, LA, for Defendant-Appellant.

Before HIGGINBOTHAM, STEWART and HAYNES, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Ricardo Nevares-Bustamante appeals his 90-month sentence for illegal reentry. The district court enhanced his sentence under U.S.S.G. § 2L1.2(b)(1)(A)(ii) (2009) because, in its view, the defendant unlawfully remained in the United States after being convicted of a crime of violence. But Mr. Nevares-Bustamante was not ordered removed after that predicate conviction. Whether the sentencing enhancement should apply is a matter...

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