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U.S. v. ZELAYA-ROSALES

No. 12-31021.

707 F.3d 542 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Nelfin Jesualdo ZELAYA-ROSALES, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 4, 2013.

Attorney(s) appearing for the Case

Robert Benjamin Weir , Special Assistant U.S. Attorney, Diane Hollenshead Copes , Assistant U.S. Attorney, Carol Loupe Michel , Assistant U.S. Attorney, U.S. Attorney's Office, Eastern District of Louisiana, New Orleans, LA, for Plaintiff-Appellee.

Jordan Mark Siverd , Assistant Federal Public Defender, Roma Ajubita Kent , Assistant Federal Public Defender, Federal Public Defender's Office, Eastern District of Louisiana, New Orleans, LA, for Defendant-Appellant.

Before REAVLEY, PRADO, and ELROD, Circuit Judges.

PER CURIAM:

Nelfin Jesualdo Zelaya-Rosales ("Zelaya-Rosales") appeals his sentence of twelve months imprisonment, challenging: (1) the district court's lack of notice that it was considering an upward departure from his Sentencing Guidelines range, and (2) the reasonableness of his sentence. We AFFIRM.

I.

Zelaya-Rosales pleaded guilty to a one-count indictment charging him with illegal reentry of a removed alien in violation of 8 U.S.C. § 1326...

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