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U.S. v. IBARRA-LUNA

No. 09-40768.

628 F.3d 712 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Jaime IBARRA-LUNA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 22, 2010.

Attorney(s) appearing for the Case

Julia Bowen Stern , James Lee Turner , Asst. U.S. Attys., Houston, TX, for Plaintiff-Appellee.

Marjorie A. Meyers , Fed. Pub. Def., Molly Estelle Odom , Asst. Fed. Pub. Def., Houston, TX, for Defendant-Appellant.

Before HIGGINBOTHAM, CLEMENT and OWEN, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

In United States v. Morales-Sanchez, we held that a district court must always "correctly calculat[e] the applicable Guidelines range" before imposing a sentence.1 Today we address whether a sentence may be upheld if an error in the calculation is shown to be harmless. We hold that under the discretionary sentencing regime of Booker...

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