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U.S. v. MENDEZ

No. 11-3022.

685 F.3d 769 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Benjamin MENDEZ, Jr., Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: July 19, 2012.

Attorney(s) appearing for the Case

Frederic Montgomery Brown , West Des Moines, IA, for appellant.

Forde Fairchild , AUSA, Sioux City, IA, for appellee.

Before MURPHY, MELLOY, and COLLOTON, Circuit Judges.

MELLOY, Circuit Judge,

Defendant Benjamin Mendez, Jr., appeals the sentence he received after pleading guilty to being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1) and § 924(a)(2). The district court1 imposed a traditional upward departure based upon Defendant's understated criminal history and pattern of recidivism. Defendant challenges his sentence as relying upon unsupported factual assertions surrounding...

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