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U.S. v. GARCIA-RODRIGUEZ

No. 03-40906.

415 F.3d 452 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Oscar Danilo GARCIA-RODRIGUEZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 30, 2005.

Attorney(s) appearing for the Case

Mitchel Neurock, Laredo, TX, James Lee Turner, Asst. U.S. Atty., Houston, TX, Michelle Palacios (argued), McAllen, TX, for U.S.

Marjorie A. Meyers, Fed. Pub. Def., Laura Fletcher Leavitt, Asst. Fed. Pub. Def. (argued), Houston, TX, Arturo Villarreal, III, Laredo, TX, for Defendant-Appellant.

Before JONES, WIENER, and CLEMENT, Circuit Judges.

EDITH H. JONES, Circuit Judge:

Defendant-Appellant Oscar Danilo Garcia-Rodriguez ("Garcia") appeals his sentence following his guilty plea for illegal reentry by a felon, in violation of 8 U.S.C. §§ 1326(a) and 1326(b)(1). The district court sentenced Garcia to thirty-seven months' confinement, a three-year period of supervised release, and a $100 special assessment. Garcia was sentenced on June 19, 2003, and Final Judgment was entered on June 24, 2003....

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