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U.S. v. REYES-RODRIGUEZ

No. 02-2147.

344 F.3d 1071 (2003)

UNITED STATES of America, Plaintiff-Appellant, v. Eliezer Reyes-Rodriguez, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

September 19, 2003.

Attorney(s) appearing for the Case

David N. Williams, Assistant United States Attorney (David C. Iglesias, United States Attorney, with him on the briefs), Albuquerque, NM, for Plaintiff-Appellant.

Jane Greek, Assistant Federal Public Defender (Stephen P. McCue, Federal Public Defender, and Shari Lynn Allison, Research and Writing Specialist, with her on the brief), Las Cruces, NM, for Defendant-Appellee.

Before SEYMOUR, HENRY and LUCERO, Circuit Judges.

SEYMOUR, Circuit Judge.

Eliezer Reyes-Rodriguez, a citizen of Mexico, pled guilty to illegally re-entering the United States following deportation for an aggravated felony in violation of 8 U.S.C. § 1326(b)(2). Mr. Reyes-Rodriguez's offense level was originally calculated to be 21, which equaled a sentence of seventy to eighty-seven months when coupled with his criminal history category V. The district court departed downward eight levels to 13, resulting in...

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