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U.S. v. CORTEZ-CORTEZ

No. 13-41209.

770 F.3d 355 (2014)

UNITED STATES of America, Plaintiff-Appellee, v. Victor Manuel CORTEZ-CORTEZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 29, 2014.

Attorney(s) appearing for the Case

Terri-Lei O'Malley , Assistant U.S. Attorney, Renata Ann Gowie , Assistant U.S. Attorney, U.S. Attorney's Office, Houston, TX, for Plaintiff-Appellee.

Marjorie A. Meyers , H. Michael Sokolow , Assistant Federal Public Defender, Federal Public Defender's Office, Houston, TX, for Defendant-Appellant.

Before DAVIS, DeMOSS, and ELROD, Circuit Judges.

DeMOSS, Circuit Judge:

Appellant Victor Manuel Cortez-Cortez appeals the 30-month sentence imposed by the district court following his guilty plea conviction under 8 U.S.C. § 1326 for being unlawfully present in the United States following deportation. Cortez argues that the district court erred in imposing a 16-level enhancement pursuant to United States Sentencing Guidelines (U.S.S.G.) § 2L1.2(b)(1)(A)(ii) based on its finding that his 2006 Indiana conviction...

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