No. 02-3831.

329 F.3d 960 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Armando AGUILAR-LOPEZ, also known as Carlos Fuentes-Ascencio, also known as Armando Lopez-Aguilar, also known as Carlos Ascencio-Fuentes, also known as Armondo Hernandez-Lopez, also known as Angel, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: June 5, 2003.

Attorney(s) appearing for the Case

John P. Messina, Des Moines, IA, for appellant.

Michael M. Hobart, Sioux City, IA, for appellee.

Before LOKEN, Chief Judge, BRIGHT and MURPHY, Circuit Judges.

MURPHY, Circuit Judge.

Armando Aguilar-Lopez pled guilty to illegal reentry following deportation in violation of 8 U.S.C. §§ 1326(a) and (b), and he was sentenced to 46 months imprisonment. The district court1 found that criminal history category VI did not adequately reflect the seriousness of his past criminal conduct and departed upward from the guideline range by one offense level. See United States Sentencing Commission...

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