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U.S. v. HERNANDEZ

No. 09-20267.

633 F.3d 370 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. John Phillip HERNANDEZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

As Revised March 23, 2011.

Attorney(s) appearing for the Case

Julia Bowen Stern , John Richard Berry , (argued), James Lee Turner , Asst. U.S. Attorneys, Houston, TX, for Plaintiff-Appellee.

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

Before HIGGINBOTHAM, SMITH and ELROD, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

John Hernandez appeals his sentence, arguing that it is unreasonable and violates his Sixth Amendment right to a jury trial because it can be found reasonable only on the basis of judge-found facts. We affirm.

I.

The parties do not dispute the relevant facts. Hernandez was charged with one count of knowingly making a false material statement to a federal firearms licensee, in violation of 18 U.S.C. §§ 922...

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