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U.S. v. GARCIA-GOMEZ

No. 03-30378.

380 F.3d 1167 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Angel GARCIA-GOMEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 20, 2004.

Attorney(s) appearing for the Case

Amanda J. Bjur, Yakima, WA, for the defendant-appellant.

Donald E. Kresse, Jr., Assistant United States Attorney, Yakima, WA, for the plaintiff-appellee.

Before TASHIMA, PAEZ, and BEA, Circuit Judges.

TASHIMA, Circuit Judge:

Angel Garcia-Gomez ("Garcia") was convicted on a plea of guilty of being an alien "found in" the United States after deportation. See 8 U.S.C. § 1326. The district court sentenced him to 46 months' imprisonment. In calculating the sentence, the judge included a 16-point increase of Garcia's offense level and a three-point increase of his criminal history score because of his prior conviction...

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