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U.S. v. BERCIAN-FLORES

No. 13-4504.

786 F.3d 309 (2015)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Geovani BERCIAN-FLORES, a/k/a Jose Jeovany Bercian-Flores, a/k/a Jose Geovani Flores-Mendosa, a/k/a Napolean Villalta, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: May 14, 2015.

Attorney(s) appearing for the Case

ARGUED: Richard Lamb Brown, Jr., Law Offices Of Richard L. Brown, Jr., Monroe, North Carolina, for Appellant. Amy Elizabeth Ray, Office Of The United States Attorney, Asheville, North Carolina, for Appellee. ON BRIEF: Anne M. Tompkins, United States Attorney, office of the United States Attorney, Charlotte, North Carolina, for Appellee.

Affirmed by published opinion. Judge WYNN wrote the opinion, in which Judge DUNCAN and Judge THACKER joined.

Defendant Jose Bercian-Flores pled guilty to re-entering the United States as an illegal alien. At sentencing, the district court imposed a twelve-level enhancement based on Bercian-Flores's 1997 felonious conviction for unlawfully transporting aliens, which the district court determined was an "offense punishable by imprisonment...

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