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U.S. v. CHAVEZ-SALAIS

No. 02-2138.

337 F.3d 1170 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Jesus CHAVEZ-SALAIS, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

July 29, 2003.

Attorney(s) appearing for the Case

Submitted on the briefs:*

Michael G. Katz, Federal Public Defender, and Vicki Mandell-King, Assistant Federal Public Defender, Denver, CO, for Defendant-Appellant.

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

Before EBEL, Circuit Judge, McWILLIAMS, Senior Circuit Judge, and MURPHY, Circuit Judge.

EBEL, Circuit Judge.

Defendant-Appellant Jesus Chavez-Salais pled guilty to one count of reentry of a previously deported alien, in violation of 8 U.S.C. § 1326(a)(1), (2) and (b)(2), and was sentenced to 57 months' imprisonment. As part of his plea agreement, Defendant waived his right to appeal or to collaterally attack his sentence. He later filed a motion to modify his sentence pursuant to 18 U.S.C. § 3582(c)(2) based on a post-sentencing amendment to...

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