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U.S. v. MARRON-GARCIA

No. 07-3637.

555 F.3d 1040 (2009)

UNITED STATES of America, Appellee, v. David MARRON-GARCIA, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: February 26, 2009.

Attorney(s) appearing for the Case

Stephen C. Moss, Asst. Fed. Public Defender, Kansas City, MO (Raymond C. Conrad, Jr., Fed. Public Defender, on the brief), for appellant.

Philip M. Koppe, Asst. U.S. Atty., Kansas City, MO (John F. Wood, U.S. Atty., on the brief), for appellee.

Before COLLOTON, BOWMAN, and BENTON, Circuit Judges.

COLLOTON, Circuit Judge.

David Marron-Garcia pled guilty to unlawfully reentering the United States after he was previously deported for an aggravated felony, in violation of 8 U.S.C. § 1326(a) and (b)(2). Under the advisory sentencing guidelines, the district court correctly calculated a guideline range of 37 to 46 months' imprisonment, based on an offense level of 21 and a criminal history category of I. On November 14, 2007, the district court

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