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U.S. v. AGUBATA

No. 94-5504.

60 F.3d 1081 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Emmanuel AGUBATA, a/k/a Blair Zebley, a/k/a Davis Chinyere, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided July 27, 1995.

Attorney(s) appearing for the Case

ARGUED: Donna M. D'Alessio, Asst. Federal Public Defender, Office of the Public Defender, Baltimore, MD, for appellant. Odessa Palmer Jackson, Office of the U.S. Atty., Greenbelt, MD, for appellee. ON BRIEF: James K. Bredar, Federal Public Defender, Office of the Public Defender, Baltimore, MD, for appellant. Lynne A. Battaglia, U.S. Atty., Stuart A. Berman, Asst. U.S. Atty., Greenbelt, MD, for appellee.

Before WILKINSON, NIEMEYER, and HAMILTON, Circuit Judges.

Affirmed by published opinion. Judge WILKINSON wrote the opinion, in which Judge NIEMEYER and Judge HAMILTON joined.

OPINION

WILKINSON, Circuit Judge:

Appellant Emmanuel Agubata entered a conditional plea of guilty to a charge of illegal reentry into the United States by a previously deported alien, 8 U.S.C. § 1326, and was thereafter sentenced to sixty-one months' imprisonment. Agubata appeals this sentence, contending that the government should...

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