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U.S. v. ESTRELLA

No. 12-15815.

758 F.3d 1239 (2014)

UNITED STATES of America, Plaintiff-Appellee, v. Mario ESTRELLA, a.k.a. Arturo Hernandez, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

July 10, 2014.

Attorney(s) appearing for the Case

Peter J. Sholl , Robert E. O'Neill , U.S. Attorney's Office, Tampa, FL, Myrna Amelia Mesa , U.S. Attorney's Office, Orlando, FL, for Plaintiff-Appellee.

Maria Guzman , Rosemary Cakmis , Donna Lee Elm , Federal Public Defender's Office, Orlando, FL, for Defendant-Appellant.

Before MARTIN and HILL, Circuit Judges, and FULLER, District Judge.

MARTIN, Circuit Judge:

Mario Estrella, a federal prisoner convicted of illegal reentry in violation of 8 U.S.C. § 1326(a) and (b)(1), appeals from the District Court's application of a 16-level guideline enhancement pursuant to United States Sentencing Guidelines (USSG) § 2L1.2(b)(1)(A)(ii). We must decide whether Mr. Estrella's conviction under Fla. Stat. § 790.19 for wantonly or maliciously throwing, hurling, or projecting a missile, stone, or other...

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