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U.S. v. HERNANDEZ

No. 91-2129 Summary Calendar.

943 F.2d 1 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Clemente S. HERNANDEZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 11, 1991.

Attorney(s) appearing for the Case

Roland E. Dahlin, II, Federal Public Defender, Dola J. Young, Asst. Federal Public Defender, Houston, Tex., for defendant-appellant.

Laura H. Surovic, Paula Offenhauser, Asst. U.S. Attys., Brownsville, Tex., Ronald G. Woods, U.S. Atty., Houston, Tex., for plaintiff-appellee.

Before GARWOOD, HIGGINBOTHAM, and BARKSDALE Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Clemente Hernandez appeals the district court's upward departure from the Sentencing Guidelines following his conviction for transporting undocumented aliens within the United States, in violation of 8 U.S.C. § 1324(a)(1)(B) and 18 U.S.C. § 2. He claims that it was unreasonable to make an upward departure based on the fact that he transported a "large number" of aliens when there has not been a determination of what...

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