U.S. v. SAENZ-MENDOZA

No. 01-2083.

287 F.3d 1011 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Rogelio SAENZ-MENDOZA, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

April 26, 2002.


Attorney(s) appearing for the Case

Benjamin A. Gonzales, Assistant Federal Public Defender (John V. Butcher, Assistant Federal Public Defender, on the briefs), Albuquerque, NM, for Defendant-Appellant.

Gregory B. Wormuth, Assistant United States Attorney (Norman C. Bay, United States Attorney, with him on the brief), Las Cruces, NM, for Plaintiff-Appellee.

Before SEYMOUR, BALDOCK, and BRISCOE, Circuit Judges.


BALDOCK, Circuit Judge.

A grand jury charged Defendant with reentering the United States as a deported alien previously convicted of an aggravated felony, in violation of 8 U.S.C. §§ 1326(a)(1) and (2), and § 1326(b). The aggravated felony alleged in the indictment was Defendant's conviction in Utah state court of Child Abuse — Cruelty Toward Child, a Class A misdemeanor. Pursuant to a plea agreement, Defendant pled guilty to the indictment....

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