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U.S. v. REDE-MENDEZ

No. 10-2509.

680 F.3d 552 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Andres REDE-MENDEZ, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 21, 2012.

Attorney(s) appearing for the Case

ARGUED: Lawrence J. Phelan , Haehnel & Phelan, Grand Rapids, Michigan, for Appellant. John F. Salan , Assistant United States Attorney, Grand Rapids, Michigan, for Appellee. ON BRIEF: Lawrence J. Phelan , Haehnel & Phelan, Grand Rapids, Michigan, for Appellant. John F. Salan , Assistant United States Attorney, Grand Rapids, Michigan, for Appellee.

MOORE, J., delivered the opinion of the court, in which WHITE, J., joined. GRIFFIN, J. (pp. 560-68), delivered a separate dissenting opinion.

OPINION

KAREN NELSON MOORE, Circuit Judge.

Defendant-Appellant Andres Rede-Mendez appeals his sentence of thirty-six months of imprisonment for reentering the United States after having been removed following a conviction for an aggravated felony in violation of 8 U.S.C. § 1326(a) and (b)(2). Rede-Mendez challenges the district court's use of a sixteen-level enhancement pursuant to United States Sentencing Guidelines ("U.S.S.G.") Manual § 2L1.2...

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