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U.S. v. GUILLEN-CRUZ

No. 16-40131.

853 F.3d 768 (2017)

UNITED STATES of America, Plaintiff-Appellee v. Martin GUILLEN-CRUZ, also known as Martin Guillen-Martinez, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Filed April 10, 2017.

Attorney(s) appearing for the Case

Carmen Castillo Mitchell , Jimmy Eric Pardue , Assistant U.S. Attorneys, U.S. Attorney's Office, Southern District of Texas, Houston, TX, for Plaintiff-Appellee.

Marjorie A. Meyers , Federal Public Defender, Philip G. Gallagher , H. Michael Sokolow , Assistant Federal Public Defenders, Federal Public Defender's Office, Southern District of Texas, for Defendant-Appellant.

Before DAVIS, DENNIS, and SOUTHWICK, Circuit Judges.

Defendant-Appellant Martin Guillen-Cruz pleaded guilty to being found in the United States after a previous deportation in violation of 8 U.S.C. § 1326(a) and (b). The probation officer who prepared Guillen-Cruz's presentence report (PSR) added eight points to his offense level because he had a prior conviction...

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