U.S. v. VARGAS-SOTO

No. 11-10835.

700 F.3d 180 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Jose VARGAS-SOTO, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 24, 2012.


Attorney(s) appearing for the Case

Brian W. McKay , Asst. U.S. Atty. (argued), Dallas, TX, for Plaintiff-Appellee.

Kevin Joel Page (argued), Fed. Pub. Def., Dallas, TX, William Ernest Hermesmeyer , Asst. Fed. Pub. Def., Fort Worth, TX, for Defendant-Appellant.

Before BENAVIDES, OWEN and SOUTHWICK, Circuit Judges.


LESLIE H. SOUTHWICK, Circuit Judge:

Jose Vargas-Soto challenges his sentence on appeal, which was calculated using an enhancement applicable to aggravated felonies. Vargas-Soto also appeals the district court's upward departure from the Guidelines sentence for the crime of illegal reentry. We AFFIRM.

FACTUAL AND PROCEDURAL BACKGROUND

On April 20, 2011, Vargas-Soto pled guilty to one count of illegal reentry after deportation in violation of 8 U.S...

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