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U.S. v. HERRERA-GARDUNO

No. 07-40327.

519 F.3d 526 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Rene HERRERA-GARDUNO, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 10, 2008.

Attorney(s) appearing for the Case

John Richard Berry, James Lee Turner, Asst. U.S. Attys., Houston, TX, for U.S.

Marjorie A. Meyers, Fed. Pub. Def., Margaret Christina Ling, Asst. Fed. Pub. Def., Philip G. Gallagher, Houston, TX, for Defendant-Appellant.

Before JOLLY, BARKSDALE and BENAVIDES, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

Rene Herrera-Garduno (Herrera) argues his non-Guidelines sentence is an unreasonable upward departure from the advisory Guidelines range. We conclude that the sentence is not unreasonable and AFFIRM.

I.

Herrera pled guilty to illegal reentry after deportation in violation of 8 U.S.C. § 1326(a) and (b). In the Presentence Report (PSR), which applied the 2006 edition of the Guidelines Manual, the probation officer...

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