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U.S. v. DIAZ-GOMEZ

No. 11-50159.

680 F.3d 477 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Humberto DIAZ-GOMEZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 3, 2012.

Attorney(s) appearing for the Case

Joseph H. Gay, Jr. , Margaret Mary Embry , Asst. U.S. Attys., San Antonio, TX, for Plaintiff-Appellee.

M. Carolyn Fuentes , Donna F. Coltharp , Asst. Fed. Pub. Def., Federal Public Defender's Office, San Antonio, TX, for Defendant-Appellant.

Before HIGGINBOTHAM, GARZA, and CLEMENT, Circuit Judges.

EDITH BROWN CLEMENT, Circuit Judge:

Humberto Diaz-Gomez ("Diaz") challenges the district court's application of the United States Sentencing Guidelines Manual ("U.S.S.G.") § 2M5.2, arguing the court erred by finding that he did not qualify for a base offense level of 14 under subsection (a)(2) and by applying the base offense level of 26 under subsection (a)(1). Because the district court did not err in its application of § 2M5.2, we AFFIRM the court's judgment...

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