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United States of America v. Efrain Garcia-Oliveros, A/K/A Miguel Angeloliveros-Leon

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ARGUED MARCH 1, 2011

Before KANNE, ROVNER, and WOOD,Circuit Judges.

Efrain-Garcia Oliveros pleaded guilty to being in the United States without authorization after removal, 8 U.S.C. § 1326(a). In a written submission and at sentencing, he requested a prison term below the guidelines range on the grounds that his criminal history category is overstated, and that his reasons for returning to this country mitigate his illegal re-entry. The district court sentenced Garcia-Oliveros to 46 months in prison, the bottom of the guidelines range, but did not comment on his arguments in mitigation or give any explanation for the choice of sentence. On appeal GarciaOliveros principally argues, and the government concedes, that the district court needed to say more to ex-plain its sentence. Accordingly, we remand for resentencing.

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