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UNITED STATES v. RODARTE-VASQUEZ

Nos. 04-50224, 04-50257.

488 F.3d 316 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Roman RODARTE-VASQUEZ, also known as Carlos Carrillo-Lopez, also known as Roman Rodriguez-Meza, Defendant-Appellant. and United States of America, Plaintiff-Appellee, v. Juan A. Ramirez-Ramirez, also known as Juan Ramirez-Rodriguez, also known as Juan Anatalio Ramirez-Ramirez, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 23, 2007.

Attorney(s) appearing for the Case

Joseph H. Gay, Jr., Asst. U.S. Atty., Mara A. Blatt (argued), San Antonio, TX, for U.S.

M. Carolyn Fuentes, Lucien B. Campbell, Fed. Pub. Def., Henry Joseph Bemporad (argued), San Antonio, TX, for Defendant-Appellant.

Before JONES, Chief Judge, and WIENER and BARKSDALE, Circuit Judges.

RHESA HAWKINS BARKSDALE, Circuit Judge:

Roman Rodarte-Vasquez and Juan A. Ramirez-Ramirez (defendants) pleaded guilty in 2003 in unrelated cases to illegal reentry after deportation, in violation of 8 U.S.C. § 1326. In this consolidated appeal, they primarily contend their Sentencing Guidelines' offense-level enhancements, imposed as a result of their prior alien-smuggling convictions, are improper in the light of United States v. Booker,

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