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U.S. v. JIMENEZ

No. 00-10343.

258 F.3d 1120 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Vicente Roberto JIMENEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 31, 2001.

Attorney(s) appearing for the Case

Rene L. Valladares, Assistant Federal Public Defender, Las Vegas, Nevada, for the defendant-appellant.

Robert A. Bork, Assistant United States Attorney, Las Vegas, Nevada, for the plaintiff-appellee.

Before: Joseph T. SNEED, Barry G. SILVERMAN, CIRCUIT JUDGES, and Robert S. LASNIK, District Judge.

Argued and Submitted May 17, 2001 — San Francisco, California

LASNIK, District Judge:

Vicente Roberto Jimenez appeals his sentence of 70 months imprisonment entered pursuant to a guilty plea to a single count of violating 8 U.S.C. § 1326 (Illegal Reentry). Jimenez contends that the district court plainly erred in concluding that he had committed a prior aggravated felony. Without the finding of prior aggravated felony, Jimenez would have faced...

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