United States v. Carales-Villalta
Court of Appeals for the Fifth Circuit
1Opinion of the Court
STARRETT, District Judge:
Nelson Arceny Carales-Villalta (Canales) appeals the 37-month sentence imposed on remand for resentencing following his initial appeal from his guilty plea conviction and original sentence for illegal reentry, in violation of 8 U.S.C. § 1326. Specifically, he challenges the eight-level aggravated felony enhancement assessed by the district court under U.S.S.G. § 2L1.2(b)(1)(C) based on his 1999 Texas conviction for delivery of cocaine, 2 on the grounds that it violates the law-of-the-case doctrine and the mandate rule. Carales urges that the district court was limited…
2Cases cited12 opinions
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