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U.S. v. VALDOVINOS

No. 13-4768.

760 F.3d 322 (2014)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Ramon Solis VALDOVINOS, a/k/a Angel Victorio Mendoza, a/k/a Jose Valdavinos, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: July 25, 2014.

Attorney(s) appearing for the Case

ARGUED: Ann Loraine Hester , Federal Defenders of Western North Carolina, Inc., Charlotte, North Carolina, for Appellant. Amy Elizabeth Ray , Office of the United States Attorney, Asheville, North Carolina, for Appellee. ON BRIEF: Henderson Hill , Executive Director, Federal Defenders of Western North Carolina, Inc., Charlotte, North Carolina, for Appellant. Anne M. Tompkins , United States Attorney, Office of the United States Attorney, Charlotte, North Carolina, for Appellee.

Affirmed by published opinion. Judge MOTZ wrote the majority opinion, in which Judge DIAZ joined. Senior Judge DAVIS wrote a dissenting opinion.

DIANA GRIBBON MOTZ, Circuit Judge:

Jose Valdovinos, a citizen of Mexico, pled guilty to unlawfully entering the United States after being deported, in violation of 8 U.S.C. § 1326(a). The district court increased Valdovinos's sentence on the ground that he illegally reentered the country after a prior North Carolina conviction for felony drug trafficking, i.e., a drug offense punishable by more than one year in prison. See U.S.S.G. § 2L1.2(b)(1)(B...

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