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U.S. v. MONTES-PINEDA

No. 05-4471.

445 F.3d 375 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Benigno MONTES-PINEDA, a/k/a No. Benigno Pineda Muntez, a/k/a Benigno Montez-Pineda, a/k/a Benigno Pineda-Montes, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: April 24, 2006.

Attorney(s) appearing for the Case

ARGUED: Frances Hemsley Pratt, Research and Writing Attorney, Office of the Federal Public Defender, Alexandria, Virginia, for Appellant. Louis Joseph Ruffino, Special Assistant United States Attorney, Office of the United States Attorney, Alexandria, Virginia, for Appellee. ON BRIEF: Frank W. Dunham, Jr., Federal Public Defender, Suzanne Little, Assistant Federal Public Defender, Alexandria, Virginia, for Appellant. Paul J. McNulty, United States Attorney, Gene Rossi, Assistant United States Attorney, Alexandria, Virginia, for Appellee.

Before WILKINSON, MICHAEL, and MOTZ, Circuit Judges.

Affirmed by published opinion. Judge MOTZ wrote the opinion, in which Judge WILKINSON and Judge MICHAEL joined.

OPINION

MOTZ, Circuit Judge:

Benigno Montes-Pineda pleaded guilty to unlawful reentry after deportation following an aggravated felony conviction. The district court sentenced him to 46 months imprisonment, a term within the properly calculated advisory Guidelines range. Montes-Pineda challenges this sentence as unreasonable. The Government...

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