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U.S. v. SOTO-ORNELAS

No. 01-6411.

312 F.3d 1167 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Manuel SOTO-ORNELAS, a/k/a Jose Sanchez-Hernandez, Juan Urueta-Rodriguez, Manuel Ector Soto-Ornelas, Juan Urrutia, Refaela Sierra, Manuel Sanchez and Jose Guadalupe Sanchez-Aguilar, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

December 3, 2002.

Attorney(s) appearing for the Case

June E. Tyhurst, Assistant Federal Public Defender, Oklahoma City, OK, for Defendant-Appellant.

Robert G. McCampbell, United States Attorney, Rozia McKinney-Foster, Assistant United States Attorney, Oklahoma City, OK, for Plaintiff-Appellee.

Before HENRY, ANDERSON, and HARTZ, Circuit Judges.

HENRY, Circuit Judge.

An alien who has previously been convicted of an aggravated felony and who later illegally reenters the United States after deportation is subject to a fine, imprisonment for not more than twenty years, or both. See 8 U.S.C. § 1326(b)(2). Defendant-appellant Manuel Soto-Ornelas was indicted on one count of illegal reentry after a 1994 conviction for unlawful possession of cocaine, an aggravated...

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