U.S. v. FUENTES

No. 13-20654.

775 F.3d 213 (2014)

UNITED STATES of America, Plaintiff-Appellee v. Ernesto FUENTES, also known as Ernesto B. Fuentes, also known as Ernesto Bonilla Ventura, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 19, 2014.


Attorney(s) appearing for the Case

Katherine Lisa Haden , Assistant U.S. Attorney, Renata Ann Gowie , Assistant U.S. Attorney, U.S. Attorney's Office, Houston, TX, for Plaintiff-Appellee.

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

Before KING, JOLLY, and COSTA, Circuit Judges.


Defendant-Appellant Ernesto Fuentes appeals the twenty-four month sentence imposed following his guilty plea conviction for being found unlawfully present in the United States after deportation, in violation of 8 U.S.C. § 1326(a). He argues that the district court's decision to upwardly depart pursuant to U.S.S.G. § 2L1.2, cmt. n...

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