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U.S. v. SANCHEZ-GARCIA

No. 10-2266.

642 F.3d 658 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Alberto SANCHEZ-GARCIA, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: June 22, 2011.

Attorney(s) appearing for the Case

Richard Haile McWilliams , AFPD, argued, Omaha, NE, for appellant.

Debra K. Robinson , AUSA, argued, Omaha, NE, for appellee.

Before SMITH, GRUENDER, and BENTON, Circuit Judges.

BENTON, Circuit Judge.

On December 22, 2009, Omaha police stopped Alberto Sanchez-Garcia for driving with no license plates. As he left the vehicle, a 9mm Beretta fell from his waistband. Sanchez-Garcia, a citizen of Mexico, pled guilty to illegal reentry after deportation, and possession of a firearm by an illegal alien. See 8 U.S.C. § 1326(a); 18 U.S.C. §§ 922(g)(5), 924(a)(2).

For Count I, the presentence investigation report (PSR...

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