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U.S. v. LEVARIO-QUIROZ

No. 97-50358.

161 F.3d 903 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Pascual LEVARIO-QUIROZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 25, 1998.

Attorney(s) appearing for the Case

Joseph H. Gay, Jr., U.S. Atty., Ellen A. Lockwood, San Antonio, TX, for Plaintiff-Appellee.

Adrian Chavez, Chavez & Garcia, Odessa, TX, for Defendant-Appellant.

Before POLITZ, Chief Judge, and WIENER and DENNIS, Circuit Judges.

DENNIS, Circuit Judge:

Pascual Levario-Quiroz (Levario) pleaded guilty to illegal importation of a firearm, 18 U.S.C. § 922(1), and illegal entry into the United States, 8 U.S.C. § 1325(a), and was sentenced consecutively to 60 months on the firearm count and 6 months on the entry charge. The district court followed a Presentence Investigation Report which cross referenced Sentencing Guidelines authorizing higher offense levels if a firearm had been used...

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