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U.S. v. GARCIA-CARRILLO

No. 12-11161.

749 F.3d 376 (2014)

UNITED STATES of America, Plaintiff-Appellee, v. Victor GARCIA-CARRILLO, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 15, 2014.

Attorney(s) appearing for the Case

James Wesley Hendrix , Assistant U.S. Attorney, U.S. Attorney's Office, Dallas, TX, for Plaintiff-Appellee.

Kevin Joel Page , Laura S. Harper, Esq. , Assistant Federal Public Defender, Federal Public Defender's Office, Dallas, TX, for Defendant-Appellant.

Before REAVLEY, PRADO, and OWEN, Circuit Judges.

PER CURIAM:

Victor Garcia-Carrillo pled guilty to re-entering the United States illegally and was sentenced to 89 months of imprisonment. The Government declined to move in the district court for a one-level reduction for acceptance of responsibility under United States Sentencing Guidelines Manual (U.S.S.G.) § 3E1.1(b) because Garcia-Carrillo refused to waive his right to appeal. After sentencing, and while his appeal was pending, the Sentencing Commission amended...

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