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U.S. v. SANDOVAL-RUIZ

No. 07-40977.

543 F.3d 733 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. David SANDOVAL-RUIZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 23, 2008.

Attorney(s) appearing for the Case

Amy Howell Alaniz (argued), McAllen, TX, James Lee Turner, Asst. U.S. Atty., Houston, TX, for U.S.

Marjorie A. Meyers, Fed. Pub. Def., Margaret Christina Ling, Asst. Fed. Pub. Def., Sarah Beth Landau (argued), Houston, TX, for Defendant-Appellant.

Before HIGGINBOTHAM and STEWART, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

David Sandoval-Ruiz was deported in 2005 and caught in 2007 attempting to reenter by taxi in Laredo, Texas. He later pled guilty to attempted illegal reentry. The Presentence Report recommended that Sandoval-Ruiz's base offense level of 8 be increased by 16 levels because of a prior drug-trafficking conviction in accordance with the United States Sentencing Guidelines.1 Defendant's prior conviction...

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