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United States v. Duque-Hernandez, United States Court of Appeals, 5th Circuit, Docket No. 11-40642

Defendant pleaded guilty to illegal reentry after deportation and was sentenced to 51 months of imprisonment. On appeal, defendant challenged the district court's application of a twelve-level adjustment to his base offense level for his previous commission of a drug trafficking offense. Because defendant did not object to the application of the adjustment, the court reviewed for plain error. Concluding that the sentencing error, if any, did not seriously affect the fairness, integrity, or public reputation of judicial proceedings, the court declined to exercise its discretion to correct it. Accordingly, the court affirmed the judgment.

 

Read Opinion here at ca5.uscourts.gov

 

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