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U.S. v. RODRIGUEZ-ESTRADA

No. 12-40629.

741 F.3d 648 (2014)

UNITED STATES of America, Plaintiff-Appellee, v. Delfino RODRIGUEZ-ESTRADA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 31, 2014.

Attorney(s) appearing for the Case

Carmen Castillo Mitchell , Assistant U.S. Attorney, Renata Ann Gowie , Assistant U.S. Attorney, U.S. Attorney's Office, Houston, TX, for Plaintiff-Appellee.

Sonya Leah Heath, Esq. , Attorney, Houston, TX, for Defendantr-Appellant.

Before STEWART, Chief Judge, and JOLLY and SMITH, Circuit Judges.

CARL E. STEWART, Chief Judge:

Defendant-Appellant Delfino Rodriguez-Estrada (Rodriguez) pleaded guilty to being found in the United States after deportation. The plea agreement contained a waiver provision, whereby Rodriguez agreed to waive his right to appeal. On appeal, Rodriguez challenges the district court's imposition of a sixteen-level enhancement to his sentence pursuant to U.S. Sentencing Guideline (U.S.S.G.) § 2L1.2(b)(1)(A)(ii). He contends that this...

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