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U.S. v. MORENO-FLOREAN

No. 07-50833.

542 F.3d 445 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Antonio MORENO-FLOREAN, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 8, 2008.

Attorney(s) appearing for the Case

Joseph H. Gay, Jr., Asst. U.S. Atty., Mara A. Blatt, San Antonio, TX, for Plaintiff-Appellee.

Miguel A. Torres, El Paso, TX, for Defendant-Appellant.

Before KING, DeMOSS and PRADO, Circuit Judges.

DeMOSS, Circuit Judge:

Defendant-Appellant Antonio Moreno-Florean (Moreno-Florean) pleaded guilty without a plea agreement to attempted illegal reentry into the United States after having been removed, in violation of 8 U.S.C. § 1326. Moreno-Florean's pre-sentence report (PSR), which relied on the 2006 Version of the Sentencing Guidelines Manual, assigned him a total offense level of twenty-one, consisting of a base offense level of eight pursuant to UNITED STATES...

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