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U.S. v. LEMUS-GONZALEZ

No. 08-40445.

563 F.3d 88 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Fernando LEMUS-GONZALEZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 5, 2009.

Attorney(s) appearing for the Case

Renata Ann Gowie and James Lee Turner, Asst. U.S. Attys., Houston, TX, for Plaintiff-Appellee.

Marjorie A. Meyers, Federal Public Defender, Laura Fletcher Leavitt and Margaret Christina Ling, Asst. Federal Public Defenders, Houston, TX, for Defendant-Appellant.

Before DAVIS, SMITH and OWEN, Circuit Judges.

OWEN, Circuit Judge:

Fernando Lemus-Gonzalez was sentenced to 360 months of imprisonment for transporting illegal aliens for commercial advantage or private gain resulting in the death of five aliens. He appeals, contending that the Guidelines provision for second-degree murder should not have been applied and alternatively, that his sentence is unreasonable. We affirm.

I

Lemus-Gonzalez, a citizen of Mexico...

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