United States v. Yerena-Magana
Court of Appeals for the Fifth Circuit
1Opinion of the Court
OWEN, Circuit Judge:
Felipe De Jesus Yerena-Magana (Yere-na-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 States. A confidential source advised government agents that, on June 2, 2004, someone had purchased watermelons as “cover” for a shipment of marijuana…
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