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U.S. v. GOMEZ-JIMENEZ

Nos. 12-5030, 13-4059.

750 F.3d 370 (2014)

UNITED STATES of America, Plaintiff-Appellee, v. Erasto GOMEZ-JIMENEZ, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Aaron Juarez-Gomez, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: April 24, 2014.

As Corrected April 29, 2014.

Attorney(s) appearing for the Case

ARGUED: Paul K. Sun, Jr. , Ellis & Winters LLP, Raleigh, North Carolina, for Appellant Erasto Gomez-Jimenez; Joseph Bart Gilbert , Office of the Federal Public Defender, Raleigh, North Carolina, for Appellant Aaron Juarez-Gomez. Joshua L. Rogers , Office of the United States Attorney, Raleigh, North Carolina, for Appellee. ON BRIEF: Thomas P. McNamara , Federal Public Defender, Stephen C. Gordon , Assistant Federal Public Defender, Office of the Federal Public Defender, Raleigh, North Carolina, for Appellant Aaron Juarez-Gomez. Thomas G. Walker , United States Attorney, Jennifer P. May-Parker , Yvonne V. Watford-McKinney , Assistant United States Attorneys, Office of the United States Attorney, Raleigh, North Carolina, for Appellee.

Affirmed by published opinion. Judge AGEE wrote the opinion, in which Judge NIEMEYER joined. Judge GREGORY wrote a separate opinion concurring in part and dissenting in part.

AGEE, Circuit Judge:

Before the court are two related cases that we have consolidated. In one case, Erasto Gomez-Jimenez ("Erasto") appeals the district court's judgment sentencing him to 180 months' imprisonment by challenging the application of several sentencing enhancements. In the other case, Aaron Juarez-Gomez ("Juarez-Gomez") seeks review of two of the six counts of which he was convicted and also argues that the district court erred in the application of several...

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