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U.S. v. HIDALGO-MACIAS

No. 01-1590.

300 F.3d 281 (2002)

UNITED STATES of America, Appellee, v. Jose Cecilio HIDALGO-MACIAS, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided August 5, 2002.

Attorney(s) appearing for the Case

Kimberly A. Schechter, Federal Public Defender's Office, Western District of New York, Buffalo, New York (Jay S. Ovsiovitch, of counsel), for Defendant-Appellant.

Michael A. Battle, United States Attorney, Buffalo, New York (Marc Gromis, Assistant United States Attorney, of counsel), for Appellee.

Before: McLAUGHLIN and F.I. PARKER, Circuit Judges, SESSIONS, District Judge.

PER CURIAM.

Jose Hidalgo-Macias appeals from his sentence imposed November 2, 2001 in the United States District Court for the Western District of New York (John T. Elfvin, Judge) after his plea of guilty to illegal reentry, in violation of 8 U.S.C. §§ 1325(a) and 1326(a). Hidalgo-Macias was sentenced to 30 months of imprisonment plus three years of supervised release.

At issue is whether his prior conviction for attempted burglary was an...

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