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U.S. v. GARCIA-JIMENEZ

No. 09-50304.

623 F.3d 936 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Robert GARCIA-JIMENEZ, AKA Roberto Carlos Garcia, AKA Player, AKA Boxer, AKA Eduardo Garcia, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed October 6, 2010.

Attorney(s) appearing for the Case

Amanda M. Bettinelli , Assistant U.S. Attorney, Los Angeles, CA, for the plaintiff-appellee.

Kathryn A. Young , Deputy Federal Public Defender, Los Angeles, CA, for the defendant-appellant.

Before: JOHN T. NOONAN, RICHARD R. CLIFTON and JAY S. BYBEE, Circuit Judges.

OPINION

BYBEE, Circuit Judge:

Defendant-Appellant Robert Garcia-Jimenez ("Garcia"), a native and citizen of Mexico, appeals the thirty-seven-month sentence imposed by the district court following his guilty plea to one count of being an illegal alien found in the United States after deportation, in violation of 8 U.S.C. § 1326(a) and (b)(2). Garcia argues that the district court committed two errors when it calculated his criminal history category under...

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