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United States of v. Jose

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ARGUED NOVEMBER 9, 2010-

Before POSNER, TINDER, and HAMILTON, Circuit Judges.

Jose Guadalupe Perez-Molina pled guilty to unlawful entry into the United States following removal, see 8 U.S.C. §§ 1326(a) and (b)(1), and was sentenced to 34 months in prison, more than twice as long as the high end of the applicable sentencing guideline range. On appeal Perez-Molina argues that the court did not adequately justify imposing a sentence above the guideline range. We affirm. The district court acted well within its discretion by imposing a higher sentence to deter the defendant from continued re-entry and criminal activity in the United States.

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