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U.S. v. LOPEZ-ESCOBAR

No. 88-6157.

884 F.2d 170 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Ismael LOPEZ-ESCOBAR, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 6, 1989.

Attorney(s) appearing for the Case

Robert Julius Lerma, Brownsville, Tex., (court-appointed), for defendant-appellant.

Paula C. Offenhauser, Kathlyn Giannuala, Frances H. Stacy, Asst. U.S. Attys., and Henry K. Oncken, U.S. Atty., Houston, Tex., for plaintiff-appellee.

Before JOLLY, HIGGINBOTHAM and SMITH, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Ismael Lopez-Escobar pled guilty to transporting an alien within the United States in violation of 8 U.S.C. § 1324(a)(1)(B). On appeal, he challenges only his sentence. Lopez-Escobar contends that the district court unreasonably departed from the guideline sentencing range. He argues first that the district court based the departure in part upon his criminal history, which had already been taken into account in determining...

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