U.S. v. PASCACIO-RODRIGUEZ

No. 12-40264.

749 F.3d 353 (2014)

UNITED STATES of America, Plaintiff-Appellee, v. Luciano PASCACIO-RODRIGUEZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 11, 2014.


Attorney(s) appearing for the Case

James Lee Turner , Assistant U.S. Attorney, Renata Ann Gowie , Assistant U.S. Attorney, U.S. Attorney's Office, Houston, TX, for Plaintiff-Appellee.

Marjorie A. Meyers , Federal Public Defender, Sarah Beth Landau , Assistant Federal Public Defender, Federal Public Defender's Office, Houston, TX, for Defendant-Appellant.

Before WIENER, DENNIS, and OWEN, Circuit Judges.


PRISCILLA R. OWEN, Circuit Judge:

Luciano Pascacio-Rodriguez was convicted under 8 U.S.C. § 1326(a) and (b) as an alien unlawfully present in the United States following deportation. He appeals his sentence of 70 months of imprisonment, contending that the district court erred in concluding that his prior state-court conviction for conspiracy to commit murder warranted a 16-level enhancement under § 2L1.2 of the Sentencing Guidelines. Pascacio-Rodriguez...

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