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U.S. v. RIVERA-SANTANA

No. 10-5123.

668 F.3d 95 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Agustin RIVERA-SANTANA, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: February 2, 2012.

Attorney(s) appearing for the Case

ARGUED: Mary Elizabeth Maguire , Office of the Federal Public Defender, Richmond, Virginia, for Appellant. Stephen David Schiller , Office of the United States Attorney, Richmond, Virginia, for Appellee. ON BRIEF: Michael S. Nachmanoff , Federal Public Defender, Alexandria, Virginia, Patrick L. Bryant , Office of the Federal Public Defender, Richmond, Virginia, for Appellant. Neil H. MacBride , United States Attorney, Alexandria, Virginia, for Appellee.

Affirmed by published opinion. Judge KING wrote the opinion, in which Judge WILKINSON and Judge DIAZ joined.

OPINION

KING, Circuit Judge:

Defendant Agustin Rivera-Santana seeks relief from a sentence of 240 months in prison, imposed as a result of his illegal reentry into the United States after being removed for a conviction of an aggravated felony, in violation of 8 U.S.C. § 1326(a) and (b)(2). On appeal, Rivera-Santana mounts several procedural challenges to the sentence, contending that the district court erred in making two upward departures in the advisory...

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