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UNITED STATES v. CORTEZ-BALDERAS

No. 22-30296.

74 F.4th 786 (2023)

UNITED STATES of America, Plaintiff-Appellee, v. Martin CORTEZ-BALDERAS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

FILED July 26, 2023.

Attorney(s) appearing for the Case

Diane Hollenshead Copes, Esq. , Kevin G. Boitmann , Jon Michael Maestri , Assistant U.S. Attorneys, U.S. Attorney's Office, Eastern District of Louisiana, New Orleans, LA, for Plaintiff-Appellee.

Samantha Jean Kuhn , Assistant Federal Public Defender, Federal Public Defender's Office, Eastern District of Louisiana, New Orleans, LA, for Defendant-Appellant.

Before Haynes and Engelhardt, Circuit Judges, and Saldaña, District Judge.

Martin Cortez-Balderas pleaded guilty to one count of identity theft (18 U.S.C. § 1028) and one count of possession of a firearm by a convicted felon (18 U.S.C. §§ 922(g)(1) and 924(a)(2)). The district court found the calculated guidelines range of 15 to 21 months to be "woefully unreasonable" and varied upwards to a total of...

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