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U.S. v. PENADO-APARICIO

No. 19-50401.

969 F.3d 521 (2020)

UNITED STATES of America, Plaintiff-Appellee, v. Vicente Galileo PENADO-APARICIO, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Revised August 13, 2020.

Attorney(s) appearing for the Case

Joseph H. Gay, Jr. , Assistant U.S. Attorney, Mara Asya Blatt, Esq. , Assistant U.S. Attorney, U.S. Attorney's Office, Western District of Texas, San Antonio, TX, for Plaintiff-Appellee.

Kristin L. Davidson , Assistant Federal Public Defender, Maureen Scott Franco , Federal Public Defender, Federal Public Defender's Office, Western District of Texas, San Antonio, TX, for Defendant-Appellant.

Before Stewart, Clement, and Costa, Circuit Judges.

Defendant-Appellant Vicente Galileo Penado-Aparicio ("Penado") timely appeals his imprisonment sentence for illegal reentry under 8 U.S.C. § 1326. He contends that the district court vindictively resentenced him to a harsher sentence.

Penado's initial sentence was 72 months that was to run concurrently...

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