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U.S. v. YERENA-MAGANA

No. 05-40631.

478 F.3d 683 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Felipe De Jesus YERENA-MAGANA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 12, 2007.

Attorney(s) appearing for the Case

Paula Camille Offenhauser and James Lee Turner, Asst. U.S. Attys., Houston, TX, for Plaintiff-Appellee.

Marjorie A. Meyers, Federal Public Defender, Brent Evan Newton, Asst. Federal Public Defender, Houston, TX, for Defendant-Appellant.

Before SMITH, GARZA and OWEN, Circuit Judges.

OWEN, Circuit Judge:

Felipe De Jesus Yerena-Magana (Yerena-Magana) pleaded guilty to possessing marijuana with the intent to distribute, in violation of 21 U.S.C. § 841, and the district court sentenced him to 70 months in prison. Yerena-Magana challenges his sentence, arguing that the district court improperly calculated his criminal history score. We affirm.

I

On May 24, 2004, Yerena-Magana, a citizen of Mexico, unlawfully entered the United...

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