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U.S. v. MACIEL-VASQUEZ

No. 05-50524.

458 F.3d 994 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Mario MACIEL-VASQUEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 16, 2006.

Attorney(s) appearing for the Case

Elizabeth A. Newman, Deputy Federal Public Defender, Los Angeles, CA, for defendant-appellant Mario Maciel-Vasquez.

Sean K. Lokey, Assistant United States Attorney, Riverside, CA, for plaintiff-appellee United States of America.

Before THOMAS and GOULD, Circuit Judges, and WILLIAM W. SCHWARZER, District Judge.

GOULD, Circuit Judge.

Mario Maciel-Vasquez ("Maciel") appeals his sentence, which was imposed after his plea of guilty to one count of violation of 8 U.S.C. § 1326. Maciel contends that his sentence is unreasonable under United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), that 8 U.S.C. § 1326 is unconstitutional, and that the district court committed plain error when it imposed several conditions...

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