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U.S. v. LARA-RUIZ

No. 12-3533.

721 F.3d 554 (2013)

UNITED STATES of America, Plaintiff-Appellee v. Gilberto LARA-RUIZ, also known as Hill, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: July 22, 2013.

Attorney(s) appearing for the Case

Cenobio Lozano, Jr. , Harrisonville, MO, for appellant.

Lajuana M. Counts , Philip M. Koppe , Asst. U.S. Attys., Kansas City, MO ( Tammy Dickinson , U.S. Atty., on the brief), for appellee.

Before WOLLMAN, BEAM, and MURPHY, Circuit Judges.

BEAM, Circuit Judge.

Gilberto Lara-Ruiz appeals his sentence. Having jurisdiction under 28 U.S.C. § 1291, we remand to the district court for resentencing.

I. BACKGROUND

On October 10, 2012, pursuant to United States v. Lara-Ruiz, 681 F.3d 914 (8th Cir.2012) (Lara-Ruiz II),1 the district court resentenced Lara-Ruiz on count 15. Count 15 of the indictment reads:

...

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