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U.S. v. VALENZUELA-ESCALANTE

No. 96-4147.

130 F.3d 944 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Miguel VALENZUELA-ESCALANTE, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

December 5, 1997.

Attorney(s) appearing for the Case

Edwin Stanton Wall, Wall & Constantino, Salt Lake City, UT, for Defendant-Appellant.

Stewart C. Walz, Assistant U.S. Attorney (Scott M. Matheson, Jr., United States Attorney, and Laurie J. Sartorio, Assistant U.S. Attorney, on the brief), Salt Lake City, UT, for Plaintiff-Appellee.

Before KELLY, HOLLOWAY and HENRY, Circuit Judges.

HOLLOWAY, Circuit Judge.

Defendant-Appellant, Miguel Valenzuela-Escalante, was convicted in the United States District Court for the District of Utah on a conditional plea of guilty of unlawfully and knowingly being present in the United States following a conviction and deportation for the commission of an aggravated felony. He was sentenced to the custody of the Bureau of Prisons, and this appeal was timely filed. He contends on appeal that (1) his prior state conviction...

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