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U.S. v. GARCIA

No. 11-40742.

689 F.3d 362 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Juan Diaz GARCIA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 24, 2012.

Attorney(s) appearing for the Case

Eileen K. Wilson , Renata Ann Gowie , Asst. U.S. Attys., Houston, TX, for Plaintiff-Appellee.

Juan Ramon Flores (Court-Appointed), Laredo, TX, for Defendant-Appellant.

Before DAVIS, OWEN and SOUTHWICK, Circuit Judges.

LESLIE H. SOUTHWICK, Circuit Judge:

Juan Garcia pled guilty to illegal reentry. Before sentencing, he filed a motion under 18 U.S.C. § 3006A(c) for an additional court-appointed attorney to seek to have a prior state felony conviction set aside in an Iowa court. The prior Iowa conviction lengthened the advisory sentencing range for the illegal reentry offense. The district court determined the purpose would not be an...

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