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UNITED STATES v. CORDOVA-LOPEZ

No. 21-40426.

34 F.4th 442 (2022)

UNITED STATES of America, Plaintiff-Appellee, v. Gerardo CORDOVA-LOPEZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

FILED May 18, 2022.

Attorney(s) appearing for the Case

Catherine Pick , Carmen Castillo Mitchell , Assistant U.S. Attorneys, U.S. Attorney's Office, Southern District of Texas, Houston, TX, for Plaintiff-Appellee.

Cesar De Leon , Brownsville, TX, for Defendant-Appellant.

Before Jones, Southwick, and Oldham, Circuit Judges.

Gerardo Cordova-Lopez pleaded guilty to unlawfully reentering the United States following removal. The district court sentenced him to 51 months in prison. On appeal, Cordova-Lopez argues that the district court miscalculated his advisory Guidelines range by deferring to the U.S. Sentencing Guidelines' commentary rather than applying the Guidelines...

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