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U.S. v. BENCOMO-CASTILLO

No. 98-2126.

176 F.3d 1300 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Arturo BENCOMO-CASTILLO, also known as Rigoberto Castillo-Marquez, also known as Juan Castello-Sotelo, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

May 13, 1999.

Attorney(s) appearing for the Case

Jerry A. Walz, Walz & Associates, Albuquerque, New Mexico, for Defendant-Appellant.

Laura Fashing, Special Assistant United States Attorney (John J. Kelly, United States Attorney, with her on the brief), Office of the United States Attorney, Albuquerque, New Mexico, for Plaintiff-Appellee.

Before KELLY, McKAY, and HENRY, Circuit Judges.

PAUL KELLY, Jr., Circuit Judge.

Defendant-Appellant Arturo Bencomo-Castillo pled guilty to an indictment charging that he entered, attempted to enter, or was at any time found in the United States without the Attorney General's consent after having been deported, in violation of 8 U.S.C. § 1326. Mr. Bencomo-Castillo had previously been convicted of theft warranting at least one year's imprisonment—an offense considered an "aggravated felony" under 8 U...

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