U.S. v. AVITIA-GUILLEN

No. 11-1524.

680 F.3d 1253 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Manuel Salvador AVITIA-GUILLEN, a/k/a Robert Santini, a/k/a Pete Ruiz, a/k/a Joe Ruiz Garcia, a/k/a Robert Lopez, a/k/a Alfred Davila, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

June 6, 2012.


Attorney(s) appearing for the Case

Raymond P. Moore , Federal Public Defender, and Barry A. Schwartz , Assistant Federal Public Defender, Denver, CO, for Defendant-Appellant.

John F. Walsh , United States Attorney, and Sergio Garcia , Special Assistant United States Attorney, Denver, CO, for Plaintiff-Appellee.

Before ANDERSON and BALDOCK, Circuit Judges, and BRORBY, Senior Circuit Judge.


BALDOCK, Circuit Judge.

Defendant Manuel Avitia-Guillen, a citizen of Mexico, lawfully entered the United States in 1955. He obtained permanent resident status in 1988 but was deported in June 1996 after being convicted of an aggravated felony. Immigration and Customs Enforcement ("ICE") discovered Defendant in Denver, Colorado, in May 2011. A grand jury indicted Defendant with one count of being found in the United States after deportation, in violation of 8 U.S...

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