U.S. v. Folkes, No. 09-3389-cr (2nd Cir.) (622 F.3d 152) (September 29, 2010) (Per Curiam)
Defendant's sentence for illegal reentry and aggravated identity theft is vacated where the district court erred in its calculation of defendant's Sentencing Guidelines range with respect to the illegal reentry count when it applied a 16-level enhancement under U.S.S.G. ยง 2L1.2(b)(1)(A)(ii) after it concluded that defendant had reentered the U.S. ...
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