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UNITED STATES v. CORTEZ-GONZALEZ

No. 17-41204.

929 F.3d 200 (2019)

UNITED STATES of America, Plaintiff-Appellee v. Rafael CORTEZ-GONZALEZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

FILED July 2, 2019.

Attorney(s) appearing for the Case

Seth Christian Gagliardi , Carmen Castillo Mitchell , Assistant U.S. Attorneys, Audrey Lynn Maness , U.S. Attorney's Office, Southern District of Texas, Houston, TX, for Plaintiff-Appellee.

Marjorie A. Meyers , Federal Public Defender, Scott Andrew Martin , Assistant Federal Public Defender Federal Public Defender's Office, Southern District of Texas, Houston, TX, for Defendant-Appellant.

Before OWEN, SOUTHWICK, and HIGGINSON, Circuit Judges.

Rafael Cortez-Gonzalez pled guilty to one count of transporting illegal aliens. He contends the district court erred by applying a four-level enhancement under Sentencing Guideline Section 2L1.1(b)(3)(B) when one of the enhancement's predicate offenses could not be counted for criminal history points under Section...

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