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U.S. v. GEREZANO-ROSALES

No. 11-50185.

692 F.3d 393 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Ramon GEREZANO-ROSALES, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 27, 2012.

Attorney(s) appearing for the Case

Joseph H. Gay, Jr. , Asst. U.S. Atty. (argued), Diane D. Kirstein , San Antonio, TX, for Plaintiff-Appellee.

John Andrew Kuchera (argued) (Court-Appointed), Waco, TX, for Defendant-Appellant.

Before GARZA, DENNIS and HIGGINSON, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

Jose Ramon Gerezano-Rosales ("Gerezano") appeals his non-Guidelines sentence of 108 months of imprisonment for illegal reentry. We VACATE Gerezano's sentence and REMAND for resentencing.

I

Gerezano pleaded guilty to an indictment charging him with illegal reentry. See 8 U.S.C. §§ 1326(a) & (b). The presentence report ("PSR") calculated an advisory Guidelines range of imprisonment of 57-71 months...

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