U.S. v. McKENZIE

No. 91-8655.

991 F.2d 203 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Robert Ian McKENZIE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 10, 1993.


Attorney(s) appearing for the Case

Ronald Barron Yokubaitis, Austin, TX (court-appointed), for defendant-appellant.

Richard L. Durbin, Jr., Donald W. Cassidy, Ronald F. Ederer, U.S. Attys., San Antonio, TX, for plaintiff-appellee.

Before VAN GRAAFEILAND, KING, and EMILIO M. GARZA, Circuit Judges.


EMILIO M. GARZA, Circuit Judge:

Robert Ian McKenzie was convicted, pursuant to his guilty plea, on one count of illegal re-entry into the United States after deportation, in violation of 8 U.S.C. § 1326 (1988). McKenzie appeals his sentence, contending that the district court did not adequately explain its reasons for departing upward from the guidelines. Finding no abuse of discretion, we affirm.

I

The probation officer calculated McKenzie...

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