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U.S. v. RODRIGUEZ-GUTIERREZ

No. 04-30451. Summary Calendar.

428 F.3d 201 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Luis Alonso RODRIGUEZ-GUTIERREZ, also known as Saul Martinez-Guevara, also known as Luis Rodriguez, also known as Saul Alberto Martinez-Guevara, also known as Alonzo Martinez-Lopez, also known as Luis Alonso Gutierrez-Rodriguez, also known as Luis Martinez, also known as Alonso Martines, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 5, 2005.

Attorney(s) appearing for the Case

Irfan A. Saeed, Diane Hollenshead Copes, Asst. U.S. Atty., New Orleans, LA, for Plaintiff-Appellee.

Valerie Welz Jusselin, Asst. Federal Public Defender, Robin Elise Schulberg, Covington, LA, for Defendant-Appellant.

Before REAVLEY, JOLLY and HIGGINBOTHAM, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Defendant-Appellant Luis Alonso Rodriguez-Gutierrez pled guilty to illegal re-entry following deportation subsequent to an aggravated felony, in violation of 8 U.S.C. § 1326(a) & (b). We affirmed.1 After the Supreme Court decided United States v. Booker,2 it vacated Rodriguez's sentence and remanded to this Court for further consideration in light of that...

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