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UNITED STATES v. GARZA-DE LA CRUZ

No. 21-50394.

16 F.4th 1213 (2021)

UNITED STATES of America, Plaintiff-Appellee, v. Jose GARZA-DE LA CRUZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Filed November 10, 2021.

Attorney(s) appearing for the Case

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

Kristin Michelle Kimmelman , Assistant Federal Public Defender, Federal Public Defender's Office, Western District of Texas, San Antonio, TX, for Defendant-Appellant.

Before KING, COSTA, and HO, Circuit Judges.

Jose Garza-De La Cruz pleaded guilty to illegal reentry. The basic reentry crime carries a punishment of up to two years. 8 U.S.C. § 1326(a)(2). But if the defendant was convicted of a felony before being deported, that maximum becomes ten years. Id. § 1326(b)(1). At sentencing, the court used the ten-year maximum because of...

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