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U.S. v. MACIAS

Docket No. 12-3908-cr.

740 F.3d 96 (2014)

UNITED STATES of America, Appellee, v. Walter Yovany Vasquez MACIAS, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: January 14, 2014.

Attorney(s) appearing for the Case

Jayme L. Feldman , ( Tracey Hayes , on the brief), Federal Public Defender's Office, Western District of New York, Buffalo, NY, for Defendant-Appellant Walter Yovany Vasquez Macias.

Stephan J. Baczynski , Assistant United States Attorney, ( Monica Richards , Assistant United States Attorney, on the brief), for William J. Hochul, Jr. , United States Attorney for the Western District of New York, Buffalo, NY, for Appellee United States of America.

Judge RAGGI concurs in a separate opinion.

WESLEY, Circuit Judge:

Walter Yovany Vasquez Macias ("Vasquez") is a citizen of Honduras with a checkered immigration history in the United States. He was detained in California in 1990, left voluntarily, illegally reentered the country, and then sold drugs to at least two undercover officers in the late 1990s (leading to one criminal conviction and deportation in 2000). Vasquez again returned to the United States without authorization in approximately 2001;

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