U.S. v. REYES PENA

No. 99-2316.

216 F.3d 1204 (2000)

UNITED STATES of America, Plaintiff—Appellee, v. Joseph Felix REYES PENA, Defendant—Appellant.

United States Court of Appeals, Tenth Circuit.

June 28, 2000.


Attorney(s) appearing for the Case

Gregory J. Fouratt, Assistant United States Attorney (and Norman C. Bay, United States Attorney, with him on the briefs), Albuquerque, New Mexico, for Plaintiff—Appellee.

Alonzo J. Padilla, Assistant Federal Public Defender, Albuquerque, New Mexico, for Defendant—Appellant.

Before KELLY, McKAY, and LUCERO, Circuit Judges.


PAUL KELLY, JR., Circuit Judge.

Defendant-Appellant, Joseph Felix Reyes Pena, appeals from his sentence. He pleaded guilty to two counts of aggravated sexual abuse of a child, 18 U.S.C. §§ 2241(c), 2246(2)(c) and 1153. He was sentenced to a term of imprisonment of 210 months, followed by a 5 year period of supervised release, ordered to pay a $200 fine, and to make payment of $186 for restitution. On appeal, Mr. Pena argues (1) that the district court impermissibly...

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