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U.S. v. ROMERO-ROSALES

No. 10-41203.

690 F.3d 409 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Miguel Rafael ROMERO-ROSALES, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 7, 2012.

Attorney(s) appearing for the Case

John Richard Berry , Renata Ann Gowie , Asst. U.S. Attys., Houston, TX, for Plaintiff-Appellee.

Marjorie A. Meyers , Fed. Pub. Def., Laura Fletcher Leavitt , Margaret Christina Ling , Asst. Fed. Pub. Defenders, Houston, TX, for Defendant-Appellant.

Before REAVLEY, SMITH and CLEMENT, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

I.

Miguel Rafael Romero-Rosales, an alien, was charged with being unlaw-fully and knowingly present in the United States after deportation in violation of 8 U.S.C. § 1326. He entered a guilty plea, and the district court sentenced him to forty-one months' imprisonment and two years' supervised release.

The presentence report enhanced the base offense level by sixteen on the ground that Romero-Rosales's 1992 Florida...

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