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U.S. v. GONZALEZ-CHAVEZ

No. 04-40173.

432 F.3d 334 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Guadalupe GONZALEZ-CHAVEZ, also known as Jose Mungia-Chavez, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 30, 2005.

Attorney(s) appearing for the Case

John Richard Berry, James Lee Turner, Asst. U.S. Attys., Houston, TX, for U.S.

Guillermo Ruben Garcia, Laredo, TX, for Defendant-Appellant.

Before GARWOOD, SMITH and DeMOSS, Circuit Judges.

DeMOSS, Circuit Judge:

On July 18, 2003, Jose Guadalupe Gonzalez-Chavez ("Gonzalez-Chavez") pled guilty to illegal reentry after deportation in violation of 8 U.S.C. § 1326 and 6 U.S.C. §§ 202 and 557. The district court, adopting in part the presentence report's sentencing recommendations, which included a sixteen-level enhancement for a prior conviction under Florida state law, sentenced Gonzalez-Chavez to a term of fifty-seven months in prison.

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