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U.S. v. ROSALES-GARCIA

No. 10-4224.

667 F.3d 1348 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Raul ROSALES-GARCIA, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

February 7, 2012.

Attorney(s) appearing for the Case

Benjamin McMurray , Assistant Federal Defender, Salt Lake City, UT, ( Steven B. Killpack , Utah Federal Defender and Scott Keith Wilson , Assistant Federal Defender, with him on the brief), for the Appellant.

Dave Backman , Assistant United States Attorney, Salt Lake City, UT, ( Carlie Christensen , United States Attorney, with him on the brief), for the Appellee.

Before GORSUCH, HOLLOWAY, and McKAY, Circuit Judges.

HOLLOWAY, Circuit Judge.

Defendant-Appellant Raul Rosales-Garcia (Rosales) pled guilty to one count of illegal reentry in violation of 8 U.S.C. § 1326 and was sentenced to a term of imprisonment of 37 months. On appeal Mr. Rosales challenges his sentence, alleging that the district court incorrectly applied the Sentencing Guidelines. We agree. We REMAND to the district court for resentencing.

I

USSG § 2L1.2 is the Sentencing...

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