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UNITED STATES v. MORA-CARRILLO

No. 21-51125. consolidated with No. 21-51126.

80 F.4th 712 (2023)

UNITED STATES of America, Plaintiff-Appellee, v. Francisco MORA-CARRILLO, Defendant-Appellant, United States of America, Plaintiff-Appellee, v. Graciano Moral-Carrillo, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

FILED September 14, 2023.

Attorney(s) appearing for the Case

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

Kristin Michelle Kimmelman , 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 Francisco Mora-Carrillo in No. 21-51125.

Kristin Michelle Kimmelman , 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 Graciano Moral-Carrillo in No. 21-51126.

Before Jones, Stewart, and Duncan, Circuit Judges.

Francisco Mora-Carrillo was convicted of illegally reentering the country after a previous deportation, in violation of 8 U.S.C. § 1326(a) & (b)(2). He claims that the district court wrongly denied his request for a jury instruction about duress and inappropriately applied an enhancement to his sentence for...

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