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U.S. v. RUIZ-GEA

No. 01-4242.

340 F.3d 1181 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Isaac Bardo RUIZ-GEA, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

August 19, 2003.

Attorney(s) appearing for the Case

Scott Keith Wilson, Assistant Federal Public Defender (Steven B. Killpack, Federal Public Defender, with him on the briefs), Salt Lake City, UT, for Defendant-Appellant.

Diana Hagen, Assistant United States Attorney (Paul M. Warner, United States Attorney, and Laurie J. Sartorio, Assistant United States Attorney, on the brief), Salt Lake City, Utah, for Plaintiff-Appellee.

Before MURPHY, McWILLIAMS, and HARTZ, Circuit Judges.

HARTZ, Circuit Judge.

Defendant Isaac Bardo Ruiz-Gea appeals the sentence imposed following his guilty plea to illegal reentry of a deported alien, in violation of 8 U.S.C. § 1326. The principal issue on appeal is the proper interpretation of a provision in the United States Sentencing Guidelines relating to Defendant's offense. USSG § 2L1.2(b)(1)(A)(i), states: "If the defendant previously was deported, or unlawfully remained in the United States, after...

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