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U.S. v. BARCENAS-YANEZ

No. 15-4363.

826 F.3d 752 (2016)

UNITED STATES of America, Plaintiff-Appellee, v. Martin BARCENAS-YANEZ, a/k/a Juan Yanaee Cruz, a/k/a Ricardo Rocha-Gusman, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: June 21, 2016.

Attorney(s) appearing for the Case

ARGUED: Joshua B. Carpenter , Federal Defenders of Western North Carolina, Inc., Asheville, North Carolina, for Appellant. Anthony Joseph Enright , Office of the United States Attorney, Charlotte, North Carolina, for Appellee. ON BRIEF: Ross Hall Richardson , Executive Director, Federal Defenders of Western North Carolina, Inc., Charlotte, North Carolina, for Appellant. Jill Westmoreland Rose , United States Attorney, Office of the United States Attorney, Charlotte, North Carolina, for Appellee.

Vacated and remanded by published opinion. Senior Judge Davis wrote the opinion, in which Judge Motz and Judge Floyd joined.

Having pled guilty to illegally reentering the United States in violation of 8 U.S.C. § 1326, Appellant Martin Barcenas-Yanez appeals the 60-month sentence imposed by the district court. The length of the sentence was driven in significant part by the district court's conclusion that Barcenas-Yanez's 1997 aggravated assault...

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