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U.S. v. GARZA-MENDEZ

No. 12-13643.

735 F.3d 1284 (2013)

United States of America, Plaintiff-Appellee, v. Roberto GARZA-MENDEZ, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

November 15, 2013.

Attorney(s) appearing for the Case

Nichole Lillibridge , U.S. Attorney's Office, Sirce Elliott Owen , Lawrence R. Sommerfeld , Sally Yates , U.S. Attorney's Office. Atlanta, GA, for Plaintiff-Appellee.

Thomas L. Hawker , Stephanie A. Kearns , Federal Defender Program, Inc., Atlanta, GA, for Defendant-Appellant.

Before MARTIN and FAY, Circuit Judges, and GOLDBERG, Judge.

FAY, Circuit Judge:

Roberto Garza-Mendez, a Mexican citizen who pled guilty to unlawful re-entry into the United States by an aggravated felon, in violation of 8 U.S.C. § 1326(a) and (b)(2), appeals the calculation of his sentence. The district judge applied an 8-level increase under U.S.S.G. § 2L1.2(b)(1)(C) (2011) for Garza-Mendez's Georgia-family-violence-battery conviction, declined to give him a variance or...

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