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U.S. v. MARCIA-ACOSTA

No. 13-10475.

780 F.3d 1244 (2015)

UNITED STATES of America, Plaintiff-Appellee, v. Merlin MARCIA-ACOSTA, aka Marcos Ramos Garcia, Defendant Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 23, 2015.

Attorney(s) appearing for the Case

Diego Rodriguez (argued), Rodriguez Law Office PLLC, Phoenix AR, for Defendant-Appellant.

Lacy Cooper (argued), Assistant United States Attorney, John S. Leonardo , United States Attorney, and Mark S. Kokanovich , Deputy Appellate Chief, United States Attorney's Office, Phoenix, AR, for Plaintiff-Appellee.

Before: RAYMOND C. FISHER, MARSHA S. BERZON, and MORGAN CHRISTEN, Circuit Judges.

OPINION

Merlin Marcia-Acosta was found guilty under 8 U.S.C. § 1326 of unlawful reentry into the United States. Sentences for that offense are governed by United States Sentencing Guideline § 2L1.2. The district court determined, using the modified categorical approach, that Marcia-Acosta's prior

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