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U.S. v. MALAGON-SOTO

No. 13-3179.

764 F.3d 925 (2014)

UNITED STATES of America, Plaintiff-Appellee v. Jose MALAGON-SOTO, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: August 22, 2014.

Attorney(s) appearing for the Case

David R. Mercer , Asst. Fed. Public Defender, Springfield, MO, argued ( Stephen C. Moss , Acting Fed. Public Defender, Kansas City, MO, on the brief), for appellant.

Gary K. Milligan , Asst. U.S. Atty., Springfield, MO, argued ( Tammy Dickinson , U.S. Atty., Kansas City, MO, on the brief), for appellee.

Before RILEY, Chief Judge, BENTON and KELLY, Circuit Judges.

KELLY, Circuit Judge.

Jose Malagon-Soto pled guilty to illegal reentry by a previously removed alien, under 8 U.S.C. § 1326(a) and (b)(1). At sentencing, the district court determined that Malagon-Soto qualified for a 16-level enhancement in his offense level pursuant to United States Sentencing Guidelines Manual (USSG) § 2L1.2(b)(1)(A)(ii), due to a prior conviction for second degree manslaughter in Kentucky. After applying the enhancement, the district...

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