U.S. v. APLICANO-OYUELA

No. 14-4244.

792 F.3d 416 (2015)

UNITED STATES of America, Plaintiff-Appellee, v. Gerson Arturo APLICANO-OYUELA, a/k/a Hershen Arturo Oulala, a/k/a Jose Roberto Ordonez, a/k/a Franklin Maradiaga Ortiz, a/k/a Herzan Aplicano, a/k/a Jefferson Alexander Ordonez, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: July 7, 2015.


Attorney(s) appearing for the Case

ARGUED: Julie L.B. Johnson , Office of the Federal Public Defender, Greenbelt, Maryland, for Appellant. Nicholas Jacob Patterson , Office of the United States Attorney, Greenbelt, Maryland, for Appellee. ON BRIEF: James Wyda , Federal Public Defender, Baltimore, Maryland, Matthew McNicoll , Law Clerk, Office of the Federal Public Defender, Greenbelt, Maryland, for Appellant. Rod J. Rosenstein , United States Attorney, Baltimore, Maryland, Kelly O'Connell Hayes , Assistant United States Attorney, Office of the United States Attorney, Greenbelt, Maryland, for Appellee.

Affirmed by published opinion. Judge KING wrote the opinion, in which Judge NIEMEYER and Judge HARRIS joined.


Gerson Arturo Aplicano-Oyuela ("Aplicano"), a native and citizen of Honduras, pleaded guilty in the District of Maryland to an illegal reentry offense that occurred after his removal from this country following a felony conviction. See 8 U.S.C. § 1326(a), (b)(1). On March 13, 2014, the district court sentenced Aplicano...

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