UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 20-6194

UNITED STATES OF AMERICA,

Plaintiff − Appellee,

v. LEXY LEONEL HERRERA-PAGOADA, a/k/a Lexy Leonel Herrera, a/k/a Juan Villa Hermosa,

Defendant – Appellant.

Appeal from the United States District Court for the Eastern District of North Carolina, at Wilmington. Malcolm J. Howard, Senior District Judge. (7:15−cr−00104−H−1)

Argued: May 4, 2021 Decided: September 16, 2021

Before KING, DIAZ, and FLOYD, Circuit Judges.

Affirmed by published opinion. Judge Diaz wrote the opinion, in which Judge King and Judge Floyd joined.

ARGUED: Nardine Mary Guirguis, GUIRGUIS LAW, PA, Raleigh, North Carolina, for Appellant. Dennis Duffy, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee. ON BRIEF: Robert J. Higdon, Jr., United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee. DIAZ, Circuit Judge:

Lexy Leonel Herrera-Pagoada, a native, and citizen of Honduras, appeals the dis