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U.S. v. ZAMUDIO

No. 02-4006.

314 F.3d 517 (2002)

UNITED STATES of America, Plaintiff-Appellant, v. Nicholas ZAMUDIO, aka Martin Avila, Alejandro Ortiz Avila, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

December 31, 2002.

Attorney(s) appearing for the Case

Paul M. Warner, United States Attorney, and Wayne T. Dance, Assistant United States Attorney, Salt Lake City, UT, filed briefs for Plaintiff-Appellant.

Edward K. Brass of Salt Lake City, UT, filed a brief for Defendant-Appellee.

Before SEYMOUR, Circuit Judge, BRORBY, Senior Circuit Judge, and BRISCOE, Circuit Judge.

SEYMOUR, Circuit Judge.

The United States brings this appeal challenging the district court's sentence of Nicholas Zamudio. The government alleges the district court erred by not subjecting Mr. Zamudio to a sixteen-level sentencing enhancement under U.S.S.G. § 2L1.2(b)(1)(A). We reverse and remand for resentencing in accordance with this opinion.

I

Mr. Zamudio pled guilty to a charge of illegal re-entry into the United States as a deported alien...

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