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U.S. v. GUTIERREZ-HERNANDEZ

No. 08-20620.

581 F.3d 251 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Pedro David GUTIERREZ-HERNANDEZ, also known as Pedro David Gutierrez, also known as Pedro Gutierrez, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 28, 2009.

Attorney(s) appearing for the Case

Carmen Castillo Mitchell (argued), James Lee Turner, Asst. U.S. Atty., Houston, TX, for Plaintiff-Appellee.

Marjorie A. Meyers, Fed. Public Def., Sarah Beth Landau (argued), Federal Public Defender's Office, Houston, TX, for Defendant-Appellant.

Before KING, HIGGINBOTHAM and CLEMENT, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Senior Circuit Judge:

Gutierrez-Hernandez pled guilty to being in the United States following deportation. The district court increased his prison sentence by applying two guideline departures that were recommended by the probation officer. Gutierrez appeals his sentence.

I

The district court adopted the presentence report which preliminarily calculated a guideline sentence range of 10 to 16 months based on a total offense...

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