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U.S. v. PENALOZA-CARLON

No. 16-40438 Summary Calendar.

842 F.3d 863 (2016)

UNITED STATES of America, Plaintiff-Appellee, v. Eduardo PENALOZA-CARLON, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Filed November 28, 2016.

Attorney(s) appearing for the Case

Paula Camille Offenhauser , Renata Ann Gowie , Assistant U.S. Attorneys, U.S. Attorney's Office, Southern District of Texas, Houston, TX, for Plaintiff-Appellee.

Edmund Keith Cyganiewicz , Law Office of Edmund Cyganiewicz, Brownsville, TX, Shane John Stolarczyk, Esq. , Keller Stolarczyk P.L.L.C., Boerne, TX, for Defendant-Appellant.

Before JOLLY, SMITH, and GRAVES, Circuit Judges.

Eduardo Penaloza-Carlon pleaded guilty of having been found unlawfully in the United States after deportation after a felony conviction, and he was sentenced, below the advisory guideline range, to twenty-two months of imprisonment and three years of supervised release. On appeal, Penaloza-Carlon contends that the district court erred in applying...

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