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U.S. v. MARTINEZ-LUGO

No. 13-40924.

782 F.3d 198 (2015)

UNITED STATES of America, Plaintiff-Appellee, v. Juan Francisco MARTINEZ-LUGO, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 27, 2015.

Attorney(s) appearing for the Case

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

Marjorie A. Meyers , Federal Public Defender, Philip G. Gallagher , Assistant Federal Public Defender, Michael Lance Herman , Assistant Federal Public Defender, Federal Public Defender's Office, Houston, TX, for Defendant-Appellant.

Before DAVIS, DENNIS, and COSTA, Circuit Judges.

We sua sponte withdraw the prior panel opinion, United States v. Martinez-Lugo, 773 F.3d 678 (5th Cir.2014), and substitute the following:

Defendant-Appellant Juan Francisco Martinez-Lugo appeals from the district court's application of a 16-level sentence enhancement pursuant to U.S.S...

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