U.S. v. MARTINEZ-VILLALVA

No. 00-1134.

232 F.3d 1329 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Ruben MARTINEZ-VILLALVA, a/k/a Ruben Martinez-Villalba, a/k/a Alfredo Martinez-Rodriguez, a/k/a Oscar Martinez-Villalba, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

November 24, 2000.


Attorney(s) appearing for the Case

Submitted on the briefs:

Michael G. Katz, Federal Public Defender, Warren R. Williamson, Assistant Federal Public Defender, Denver, Colorado, for Defendant-Appellant.

Thomas L. Strickland, United States Attorney, Gregory Goldberg, Assistant United States Attorney, Denver, Colorado, for Plaintiff-Appellee.

Before TACHA, McKAY, and PORFILIO, Circuit Judges.


TACHA, Circuit Judge.

Defendant pleaded guilty to and was convicted of one count of illegal reentry following deportation, in violation of 8 U.S.C. § 1326(a). The district court sentenced him to seventy-seven months' imprisonment, followed by three years of supervised release. That sentence was in accord with the recommendation in the Presentence Investigation Report (PIR) and included a sixteen-level enhancement because defendant had a prior aggravated felony...

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