U.S. v. MURILLO-ACOSTA

No. 13-50637.

751 F.3d 682 (2014)

UNITED STATES of America, Plaintiff-Appellee v. Jose Luis MURILLO-ACOSTA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 16, 2014.


Attorney(s) appearing for the Case

Joseph H. Gay, Jr. , Assistant U.S. Attorney, Richard Louis Durbin, Jr. , Assistant U.S. Attorney, U.S. Attorney's Office, San Antonio, TX, for Plaintiff-Appellee.

M. Carolyn Fuentes   Donna F. Coltharp , Assistant Federal Public Defender Federal Public Defender's Office, San Antonio, TX, Philip J. Lynch , San Antonio, TX, for Defendant-Appellant.

Before REAVLEY, JONES, and GRAVES, Circuit Judges.


PER CURIAM:

Jose Luis Murillo-Acosta pled guilty to using a fraudulent visa as proof of permission to enter the United States. 18 U.S.C. § 1546(a). At sentencing, his offense level was increased by two levels under U.S.S.G. § 2L2.2(b)(1) for a previous deportation. Murillo-Acosta challenges the two level increase, arguing that after a 2013 determination that he was removable, he voluntarily departed in lieu of removal pursuant to 8 U.S.C. § 1229c(a...

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