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U.S. v. LOZA-GRACIA

No. 11-40127.

670 F.3d 639 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Alberto LOZA-GRACIA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 9, 2012.

Attorney(s) appearing for the Case

Traci Lynne Kenner , Asst. U.S. Atty., Tyler, TX, Ernest Gonzalez , Shamoil T. Shipchandler , Asst. U.S. Attys., Plano, TX, for Plaintiff-Appellee.

Gerald Wayne Cobb (Court-Appointed), Cobb Law, Denton, TX, for Defendant-Appellant.

Before DeMOSS, CLEMENT and ELROD, Circuit Judges.

EDITH BROWN CLEMENT, Circuit Judge:

Alberto Loza-Gracia appeals the sentence imposed after he pled guilty to one count of conspiracy to possess with intent to distribute cocaine pursuant to a written, non-binding plea agreement. The plea agreement included a provision that Loza-Gracia's base offense level would be 26. The Presentence Investigation Report ("PSR") prepared by a United States Probation Officer acknowledged the agreement for a base level of 26 but nonetheless...

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