No. 02-3052.

329 F.3d 885 (2003)

UNITED STATES of America, Appellee, v. Cesar Marcellino MENDEZ-CRUZ, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided June 3, 2003.

Attorney(s) appearing for the Case

Tony Axam, Jr., Assistant Federal Public Defender, argued the cause for appellant. With him on the briefs was A. J. Kramer, Federal Public Defender. Neil H. Jaffee, Assistant Federal Public Defender, entered an appearance.

Thomas J. Tourish, Jr., Assistant U.S. Attorney, argued the cause for appellee. On the brief were Roscoe C. Howard, Jr., U.S. Attorney, John R. Fisher, Barbara J. Valliere, William J. O'Malley, Jr., and Ann M. Carroll, Assistant U.S. Attorneys.

Before: EDWARDS, HENDERSON and RANDOLPH, Circuit Judges.

Opinion for the Court filed by Circuit Judge HARRY T. EDWARDS.

HARRY T. EDWARDS, Circuit Judge:

On May 20, 1999, appellant Cesar Marcellino Mendez-Cruz pleaded guilty to illegal reentry after deportation as an aggravated felon, in violation of 8 U.S.C. § 1326(a) & (b)(2). Appellant was subsequently sentenced to 66 months of incarceration, to be followed by three years' supervised release. This sentence was based on a Presentence Investigation Report...

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