United States v. Ernesto Fuentes
Court of Appeals for the Fifth Circuit
1Per curiam
Defendanb-Appellant Ernesto Fuentes appeals the twenty-four month sentence imposed following his guilty plea conviction for being found unlawfully present in the United States after deportation, in violation of 8 U.S.C. § 1326(a). He argues that the district court’s decision to upwardly depart pursuant to U.S.S.G. § 2L1.2, cmt. n. 7, was procedural error and substantively unreasonable. For the following reasons, we AFFIRM the judgment of the district court.
I. BACKGROUND
On August 9, 2013, Defendant-Appellant Ernesto Fuentes pleaded guilty in the United States District Court for the Southern…
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