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U.S. v. CASTRO-JUAREZ

No. 05-1195.

425 F.3d 430 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Salvador CASTRO-JUAREZ, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided October 3, 2005.

Attorney(s) appearing for the Case

Robert L. Garrison (argued), Office of the United States Attorney, Criminal Division, Fairview Heights, IL, for Plaintiff-Appellee.

Stephen C. Williams (argued), Office of the Federal Public Defender, East St. Louis, IL, for Defendant-Appellant.

Before COFFEY, MANION, and ROVNER, Circuit Judges.

MANION, Circuit Judge.

Salvador Castro-Juarez pleaded guilty to being in the United States unlawfully after his removal following a felony conviction, 8 U.S.C. § 1326(a), (b)(1). The district court sentenced him after United States v. Booker, ___ U.S. ___, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), to 48 months, well below the 10-year statutory maximum but more than twice the 21-month upper end of the advisory guideline range. On appeal, Castro-Juarez's sole...

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