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U.S. v. URBINA-FUENTES

No. 17-40425.

900 F.3d 687 (2018)

UNITED STATES of America, Plaintiff-Appellee v. Carlos URBINA-FUENTES, also known as Carlos Roberto Fuentes Urbina Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

FILED August 20, 2018.

Attorney(s) appearing for the Case

Amy Howell Alaniz , Assistant U.S. Attorney, Carmen Castillo Mitchell , Assistant U.S. Attorney, U.S. Attorney's Office, Southern District of Texas, Houston, TX, for Plaintiff-Appellee.

Marjorie A. Meyers , Federal Public Defender, Evan Gray Howze , Assistant Federal Public Defender, John Moreno Parras , H. Michael Sokolow , Assistant Federal Public Defender, Federal Public Defender's Office, Southern District of Texas, Houston, TX, for Defendant-Appellant.

Before HIGGINBOTHAM, SMITH, and CLEMENT, Circuit Judges.

An able district court judge, without objection from defense counsel, relied on the wrong version of the Sentencing Guidelines — thereby generating the wrong sentencing range — in sentencing Urbina-Fuentes. Finding the error was plain, we vacate and remand for resentencing.

I.

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