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U.S. v. Reyes-Ceja, No. 11-50167 (9th Cir.) (712 F.3d 1284) (April 1, 2013) (Judge Andrew J. Kleinfeld)

This decision pushes the use of the two-level enhancement set forth in U.S.S.G. § 4A1.1(d) for committing an offense “while under” any “criminal justice sentence” beyond all sensibility. Here, after the defendant, Gustavo Reyes-Ceja, had previously been deported, he re-entered the United States and was arrested when he was caught ...

 

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