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U.S. v. CORRO-BALBUENA

No. 98-20514.

187 F.3d 483 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Atenogenes CORRO-BALBUENA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 25, 1999.

Attorney(s) appearing for the Case

Alice Ann Burns and Paula Camille Offenhauser, Asst. U.S. Attys., Houston, TX, for Plaintiff-Appellee.

Roland E. Dahlin, II, Fed. Pub. Defender, Brent Evan Newton, Houston, TX, for Defendant-Appellant.

Before WIENER, DeMOSS and PARKER, Circuit Judges.

DeMOSS, Circuit Judge:

Corro-Balbuena appeals the sentence imposed following his guilty plea to being found present in the United States without permission after deportation, in violation of 8 U.S.C. § 1326(a). Corro-Balbuena pleaded guilty and was sentenced, on his own motion and over the government's objection, without a presentence report or formal recommendation from the probation officer. The district court assigned a total of seven criminal history points...

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