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U.S. v. GARCIA

No. 89-2193.

919 F.2d 1478 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Jesus Arturo GARCIA, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided November 30, 1990.

Attorney(s) appearing for the Case

James B. Foy, Silver City, N.M., for defendant-appellant.

William L. Lutz, U.S. Atty., and Rhonda P. Backinoff, Asst. U.S. Atty., Albuquerque, N.M., for plaintiff-appellee.

Before LOGAN and EBEL, Circuit Judges, and BROWN, District Judge.

Submitted on the Briefs.

LOGAN, Circuit Judge.

Defendant Jesus Arturo Garcia was indicted on three counts of transporting illegal aliens in violation of 8 U.S.C. § 1324(a)(1)(B). He pleaded guilty to count I of the indictment, and counts II and III were dismissed on motion of the government. Under United States Sentencing Guidelines § 2L1.1(a), the base offense level for defendant's crime was nine. After receiving a two point reduction for accepting...

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