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U.S. v. RODRIGUEZ-LEOS

No. 19-40161.

953 F.3d 320 (2020)

UNITED STATES of America, Plaintiff-Appellee v. Rodolfo RODRIGUEZ-LEOS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Filed March 16, 2020.

Attorney(s) appearing for the Case

Paula Camille Offenhauser , Carmen Castillo Mitchell , Assistant U.S. Attorneys, Audrey Lynn Maness , U.S. Attorney's Office, Southern District of Texas, Houston, TX.

Marjorie A. Meyers , Federal Public Defender, Kayla R. Gassmann , Scott Andrew Martin , Assistant Federal Public Defenders, Federal Public Defender's Office, Southern District of Texas, Houston, TX.

Before DENNIS, GRAVES, and WILLETT, Circuit Judges.

Rodolfo Rodriguez-Leos appeals his sentence for unlawful possession of ammunition by a person admitted to the United States under a nonimmigrant visa. Rodriguez-Leos argues that he is entitled to a three-level reduction for attempt under U.S.S.G. § 2X1.1(b)(1) because when he was arrested, he was not about to...

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