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U.S. v. RUBIO

No. 09-20589.

629 F.3d 490 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Jovanny Rubio RUBIO, also known as Jovanny Rubio, also known as Jovanny Rubio-Rubio, also known as Vedal Gomez, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 30, 2010.

Attorney(s) appearing for the Case

Carmen Castillo Mitchell , James Lee Turner , Asst. U.S. Attys., Houston, TX, for U.S.

Kenneth W. McGuire (Court-Appointed), McGuire Law Firm, Houston, TX, for Rubio.

Before JONES, Chief Judge, and JOLLY and GARZA, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

Appellant Jovanny Rubio Rubio ("Rubio") appeals the sentence assigned to him for violating 18 U.S.C. §§ 1326(a) and (b)(1). Rubio argues that the presentence report ("PSR") considered by the district court miscalculated his criminal history points by including two uncounseled state misdemeanor convictions for which waiver of counsel occurred too late. Rubio does not satisfy his burden of proof in showing that his waiver of...

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