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U.S. v. PINO GONZALEZ

No. 10-20124.

636 F.3d 157 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Marlon Rafael PINO GONZALEZ, also known as Marlon Rafael Pino, also known as Marlon Rafael Pino-Gonzalez, also known as Jose Alfredo Sovalbarro, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 17, 2011.

Attorney(s) appearing for the Case

Julia Bowen Stern (argued) and James Lee Turner , Asst. U.S. Attys., Houston, TX, for U.S.

Marjorie A. Meyers , Fed. Pub. Def., Sarah Beth Landau and H. Michael Sokolow (argued), Asst. Fed. Pub. Defenders, Houston, TX, for Defendant-Appellant.

Before KING, DeMOSS and PRADO, Circuit Judges.

PRADO, Circuit Judge:

Marlon Rafael Pino Gonzalez appeals the sentence assigned to him for illegally reentering the country after having been deported. He argues that the district court miscalculated his criminal-history points by including a state misdemeanor conviction in which his waiver of counsel was constitutionally invalid. We affirm.

I. BACKGROUND

Gonzalez, a Nicaraguan citizen, pleaded guilty to illegally reentering the United States after...

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