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U.S. v. GUTIERREZ-BAUTISTA

No. 06-40486 Summary Calendar.

494 F.3d 523 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Jaime GUTIERREZ-BAUTISTA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 27, 2007.

Attorney(s) appearing for the Case

Michelle Palacios, McAllen, TX, James Lee Turner, Asst. U.S. Atty., Houston, TX, for U.S.

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

Before SMITH, WIENER, and OWEN, Circuit Judges.

OWEN, Circuit Judge:

Defendant-Appellant Jaime Gutierrez-Bautista (Gutierrez) pleaded guilty without a plea agreement to being unlawfully present in the United States after deportation. The Presentence Report (PSR) assigned Gutierrez a base offense level of eight pursuant to U.S.S.G. § 2L1.2(a); a 16-level increase under § 2L1.2(b)(1)(A)(i), because he had a prior 1999 Georgia conviction for trafficking methamphetamine; and a three level decrease pursuant...

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