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U.S. v. ACUNA-REYNA

No. 11-10428.

677 F.3d 1282 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Jorge Luis ACUNA-REYNA, a.k.a. Rudy Solano-Palacios, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

April 25, 2012.

Attorney(s) appearing for the Case

Laurel Boatright , Gregory Edward Radics , Suzette Smikle , Lawrence R. Sommerfeld , Sally Yates, Atlanta, GA, for Plaintiff-Appellee.

Nicole Kaplan , Stephanie A. Kearns , Fed. Pub. Defenders, Fed. Def. Program, Inc., Atlanta, GA, for Defendant-Appellant.

Before CARNES, PRYOR and RIPPLE, Circuit Judges.

PRYOR, Circuit Judge:

This appeal presents the issue whether a sentencing court may assess a criminal history point for an uncounseled misdemeanor conviction where the defendant was sentenced to probation and a monetary fine. Jorge Acuna-Reyna appeals his sentence of imprisonment of 27 months for illegal reentry after deportation, 8 U.S.C. § 1326(a), (b)(1), and argues that the district court should not have assessed...

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