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U.S. v. GARCIA-MEDINA

No. 06-3528.

497 F.3d 875 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Ramon GARCIA-MEDINA, also known as Gerardo Deleon Corona, also known as Presiado Raul Campos, also known as Raymond Garcia Medina, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: August 15, 2007.

Rehearing and Rehearing En Banc Denied September 17, 2007.

Attorney(s) appearing for the Case

B. John Burns, argued, John P. Messina, on the brief, Des Moines, IA, for appellant.

Janet L. Petersen, AUSA, argued, Michael M. Hobart, AUSA, on the brief, Sioux City, IA, for appellee.

Before MURPHY, BENTON, and SHEPHERD, Circuit Judges.

SHEPHERD, Circuit Judge.

Ramon Garcia-Medina, a citizen of Mexico, pled guilty to illegal reentry after deportation. See 8 U.S.C. § 1326(a), (b). At sentencing, due to a prior felony conviction, the district court1 enhanced his offense level under Sentencing Guidelines section 2L1.2, see United States Sentencing Commission, Guidelines Manual § 2L1.2(b)(1)(A)(i) (Nov.2005), and sentenced Garcia-Medina to 63...

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