U.S. v. RODRIGUEZ-PENA

No. 18-40978.

957 F.3d 514 (2020)

UNITED STATES of America, Plaintiff-Appellee, v. Jesus RODRIGUEZ-PENA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 27, 2020.


Attorney(s) appearing for the Case

John Richard Berry , Assistant U.S. Attorney, Carmen Castillo Mitchell , Assistant U.S. Attorney, U.S. Attorney's Office, Houston, TX, for Plaintiff-Appellee.

Marjorie A. Meyers , Federal Public Defender, Michael Lance Herman , Assistant Federal Public Defender, Federal Public Defender's Office, Southern District of Texas, Houston, TX, for Defendant-Appellant.

Before HAYNES and OLDHAM, Circuit Judges, and HANEN, District Judge.


Jesus Rodriguez-Peña appeals his 44-month sentence for illegal reentry under 8 U.S.C. § 1326(a)-(b). He argues the district court plainly erred in calculating his Guidelines range. The Government concedes the calculation error and challenges only whether the error was prejudicial and requires correction. On the facts of this case...

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