United States v. Vargas-Soto, No. 11-10835 (5th Cir. 2012)
Annotate this CaseDefendant pled guilty to one count of illegal reentry after deportation. On appeal, defendant challenged his sentence, which was calculated using an enhancement applicable to aggravated felonies. The court held that, even if categorizing defendant's manslaughter conviction as a crime of violence were plain error, there was no substantial harm because his separate conviction for evading arrest would have been sufficient to support the same 16-level sentencing enhancement. The court also held that the district court did not abuse its discretion in imposing a sentence of 180 months, an upward departure from the guidelines imprisonment range.
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