U.S. v. GUTIERREZ-SILVA

No. 03-30016.

353 F.3d 819 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Angel GUTIERREZ-SILVA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed December 30, 2003.


Attorney(s) appearing for the Case

David N. Parmenter, Blackfoot, Idaho, for the defendant-appellant.

Jack B. Haycock, Assistant United States Attorney, Pocatello, Idaho, for the plaintiff-appellee.

Before: Andrew J. KLEINFELD, Ronald M. GOULD, and Richard C. TALLMAN, Circuit Judges.


Submitted December 2, 2003* Seattle, Washington.

OPINION

GOULD, Circuit Judge.

We consider a challenge to a 65-month sentence for an alien's illegal reentry to the United States after deportation, imposed consecutively with an unserved state term, where the government had recommended that the federal sentence be for a shorter term and that it run concurrently with the state term.

I

Defendant-Appellant...

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