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U.S. v. CARRILLO-LOPEZ

No. 00-10631.

313 F.3d 1185 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Melesio CARRILLO-LOPEZ, aka, Jose Lopez-Chavez, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed December 20, 2002.

Attorney(s) appearing for the Case

Jason F. Carr, Assistant Federal Public Defender, Office of the Federal Public Defender, Las Vegas, NV, for the defendant-appellant.

Robert A. Bork, Assistant United States Attorney, Narcotics & Violent Crimes Section, United States Attorney, Las Vegas, NV, for the plaintiff-appellee.

Before: BERZON, TALLMAN and CLIFTON, Circuit Judges.

PER CURIAM:

Melesio Carrillo-Lopez is a 36-year-old native and citizen of Mexico. He appeals the 70-month sentence imposed following his guilty plea to illegal re-entry, in violation of 8 U.S.C. § 1326. Mr. Carrillo-Lopez argues that the district court improperly enhanced his sentence based on the existence of a prior aggravated felony. We review de novo the question of whether the aggravated felony provisions of the Sentencing Guidelines apply to a conviction...

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