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U.S. v. GUTIERREZ-AVASCAL

No. 07-40779.

542 F.3d 495 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Arnoldo GUTIERREZ-AVASCAL, aka Armando Gutierrez-Abascal, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 9, 2008.

Attorney(s) appearing for the Case

Paula Camille Offenhauser and James Lee Turner, Asst. U.S. Attys., Houston, TX, for U.S.

Marjorie A. Meyers, Fed. Pub. Def., Timothy William Crooks and Margaret Christina Ling, Asst. Fed. Pub. Defenders, Houston, TX, for Defendant-Appellant.

Before BARKSDALE, BENAVIDES and DENNIS, Circuit Judges.

RHESA HAWKINS BARKSDALE, Circuit Judge:

Having pleaded guilty to conspiring to possess marijuana with the intent to distribute, in violation of 21 U.S.C. § 846, Arnoldo Gutierrez-Avascal contests being required to pay restitution. Primarily at issue is whether restitution is statutorily authorized for a conspiracy conviction under 21 U.S.C. § 846. AFFIRMED.

I.

Gutierrez was indicted on one count of conspiring to possess marijuana...

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