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U.S. v. TORRES-AQUINO

No. 02-2075.

334 F.3d 939 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Jesus TORRES-AQUINO, also known as Tomas Perez-Ruiz, also known as Simon Sanchez, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

July 2, 2003.

Attorney(s) appearing for the Case

Submitted on the briefs: Jesus Torres-Aquino, Pro Se.

David C. Iglesias, United States Attorney, Laura Fashing, Assistant U.S. Attorney, Albuquerque, NM, for Plaintiff-Appellee.

Before SEYMOUR, EBEL and O'BRIEN, Circuit Judges.

O'BRIEN, Circuit Judge.

This case presents the question whether Amendment 632 to the sentencing guidelines can be applied retroactively under 18 U.S.C. § 3582(c)(2) to reduce a defendant's previously imposed sentence. We hold it cannot.1

Defendant pleaded guilty to reentering the United States illegally as a deported alien previously convicted of an aggravated felony, in violation of 8 U.S.C. § 1326(a)(1), (2), and (b...

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