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U.S. v. HERNANDEZ-MARTINEZ

No. 06-40271.

485 F.3d 270 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Juan HERNANDEZ-MARTINEZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied May 14, 2007.

Attorney(s) appearing for the Case

Michelle Palacios (argued), McAllen, TX, James Lee Turner, Asst. U.S. Atty., Houston, TX, for Plaintiff-Appellee.

Marjorie A. Meyers, Federal Public Defender, Timothy William Crooks, Asst. Federal Public Defender, Sarah Beth Landau (argued), Houston, TX, for Defendant-Appellant.

Before JONES, Chief Judge, and JOLLY and STEWART, Circuit Judges.

EDITH H. JONES, Chief Judge:

Appellant Juan Hernandez-Martinez ("Martinez") appeals his revocation sentence, arguing inter alia that the district court improperly based his sentence on the Guideline for illegal reentry to the United States, a crime he committed but was not charged with. Under the applicable plain error standard of review, Martinez cannot establish that the district court used an improper sentencing consideration, and his sentence is AFFIRMED...

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