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U.S. v. CASTILLO-MARIN

No. 10-10549.

684 F.3d 914 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Urbano CASTILLO-MARIN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 3, 2012.

Attorney(s) appearing for the Case

Rene L. Valladares , Acting Federal Public Defender; Brenda Weksler , Assistant Federal Public Defender, Las Vegas, NV, for the appellant.

Daniel G. Bogden , United States Attorney; Robert Ellman , Appellate Chief; Adam M. Flake , Assistant United States Attorney, Las Vegas, NV, for the appellee.

Opinion by Judge TIMLIN; Concurrence by Judge RAWLINSON.

OPINION

TIMLIN, District Judge:

Defendant Urbano Castillo-Marin ("Castillo-Marin") appeals the sentence imposed following his guilty plea to being a deported alien found in the United States in violation of 8 U.S.C. § 1326. In particular, Castillo-Marin challenges the district court's application of U.S. Sentencing Guidelines (U.S.S.G.) § 2L1.2(b)(1)(A)(ii), which imposes a 16-level enhancement where a defendant has previously committed a crime...

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