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U.S. v. BONILLA

No. 06-40894.

524 F.3d 647 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Carlos Constantino BONILLA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 10, 2008.

Attorney(s) appearing for the Case

Kathlyn Giannaula Snyder, James Lee Turner, Asst. U.S. Attys., Houston, TX, for U.S.

Marjorie A. Meyers, Fed. Pub. Def., H. Michael Sokolow, Houston, TX, for Defendant-Appellant.

Before JONES, Chief Judge, and DAVIS and GARZA, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

Carlos Constantino Bonilla ("Bonilla") pleaded guilty to being unlawfully present in the United States after deportation, in violation of 8 U.S.C. § 1326. The district court sentenced Bonilla to serve forty-one months in prison, followed by a three-year term of supervised release. Bonilla contends that the district court erred in adjusting his base offense level upward based upon his prior conviction for attempted manslaughter...

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