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U.S. v. MENDOZA-BLANCO

No. 04-41499.

440 F.3d 264 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Jorge MENDOZA-BLANCO, also known as Angelo Rodriguez-Carabel, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 14, 2006.

Attorney(s) appearing for the Case

Marjorie A. Meyers, Fed. Pub. Def., Timothy William Crooks, Asst. Fed. Pub. Def., Houston, TX, for Defendant-Appellant.

Before HIGGINBOTHAM, BENAVIDES and DENNIS, Circuit Judges.

PER CURIAM:

Jorge Mendoza-Blanco pleaded guilty to attempted illegal reentry following deportation in violation of 8 U.S.C. § 1326. The presentence report ("PSR") recommend an offense level of 24, which included a 16-level increase for a prior conviction. Mendoza-Blanco objected to the PSR on the basis of Blakely v. Washington,1 which the district court denied in light of our decision in United States v. Pineiro.

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