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U.S. v. SILVA-DE HOYOS

No. 11-51177.

702 F.3d 843 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Jorge Luis SILVA-DE HOYOS, also known as Jorge Luis Silva De Hoyos, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 17, 2012.

Attorney(s) appearing for the Case

Joseph H. Gay, Jr. , Asst. U.S. Atty., San Antonio, TX, for Plaintiff-Appellee.

Philip J. Lynch , Donna F. Coltharp , Asst. Fed. Pub. Defenders, San Antonio, TX, for Defendant-Appellant.

Before STEWART, Chief Judge, and KING and OWEN, Circuit Judges.

OWEN, Circuit Judge:

Jorge Luis Silva-De Hoyos (Silva) was convicted of possession with intent to distribute cocaine and importation of cocaine. He appeals only his sentence, contending that the district court erred (1) in denying him a minor-participant adjustment and (2) by ordering him ineligible for federal benefits for five years. We hold that the district court did not clearly err in denying the minor-participant adjustment but that it did err in its application...

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