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U.S. v. PENA

No. 96-50900.

125 F.3d 285 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Humberto PENA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 7, 1997.

Attorney(s) appearing for the Case

Richard L. Durbin, Jr., Asst. U.S. Attorney, Joseph H. Gay, Jr., Asst. U.S. Atty., San Antonio, TX, for Plaintiff-Appellee.

Kurt Juergen Mayer, Del Rio, TX, for Defendant-Appellant.

Before JONES, EMILIO M. GARZA and PARKER, Circuit Judges.

PARKER, Circuit Judge:

Defendant-Appellant Humberto Pena ("Pena") appeals his sentence imposed after revocation of probation. We affirm.

FACTS AND PROCEEDINGS BELOW

Pena pleaded guilty in April 1996 to one count of illegal transportation of aliens. Pena's total offense level of 9 and his Category I criminal history score resulted in a guideline imprisonment range of four to ten months. The district court sentenced Pena to a five-year term of probation...

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