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U.S. v. MARTINEZ

No. 17-50026.

870 F.3d 1163 (2017)

UNITED STATES of America, Plaintiff-Appellee, v. Virginio Hernandez MARTINEZ, AKA Virginia Hernandez, AKA Chris Martinez, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 15, 2017.

Attorney(s) appearing for the Case

James H. Locklin (argued), Deputy Federal Public Defender; Hilary Potashner , Federal Public Defender; Office of the Federal Public Defender, Los Angeles, California; for Defendant-Appellant.

Joseph T. McNally (argued), Assistant United States Attorney; Lawrence S. Middleton , Chief, Criminal Division; Sandra R. Brown , Acting United States Attorney; United States Attorney's Office, Santa Ana, California; for Plaintiff-Appellee.

Before William A. Fletcher and Sandra S. Ikuta, Circuit Judges, and Sarah Evans Barker, District Judge.

OPINION

Virginio Hernandez Martinez pleaded guilty to illegal reentry in violation of 8 U.S.C. § 1326. At sentencing, the district court applied an eight-level enhancement under § 2L1.2(b)(2)(B) of the 2016 United States Sentencing Guidelines ("U.S.S.G.").1 This enhancement is...

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