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U.S. v. MARTINEZ-MARTINEZ

No. 01-10294.

295 F.3d 1041 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Alejandro MARTINEZ-MARTINEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 15, 2002.

Attorney(s) appearing for the Case

Larry Kupers, Assistant Federal Public Defender, Oakland, CA, for the defendant-appellant.

Candace Kelly, Assistant United States Attorney, San Francisco, CA, for the plaintiff-appellee.

Before: HAWKINS and SILVERMAN, Circuit Judges, and RESTANI, Judge.

OPINION

RESTANI, Judge.

Alejandro Martinez-Martinez (hereinafter "Defendant") appeals the fifty-three (53) month sentence imposed following his conviction for reentry of a deported alien pursuant to 8 U.S.C. § 1326. We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742. We affirm.

BACKGROUND

Defendant is a citizen of Mexico. In 1995, he was convicted of first degree rape in Oregon. State of Oregon v. Jaime...

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