No. 02-2246.

329 F.3d 1204 (2003)

UNITED STATES of America, Plaintiff-Appellant, v. Manuel MARES-MARTINEZ, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

May 29, 2003.

Attorney(s) appearing for the Case

On the briefs:* Laura Fashing, Assistant United States Attorney, and David C. Iglesias, United States Attorney, Albuquerque, NM, for Plaintiff-Appellant.

Charles Louis Roberts, El Paso, TX, for Defendant-Appellee.

Before KELLY, BRISCOE and LUCERO, Circuit Judges.

PAUL KELLY, Jr., Circuit Judge.

The government appeals from the sentence imposed upon Defendant Manuel Mares-Martinez. Charged in an 18 count indictment, Mr. Martinez was convicted on a guilty plea of conspiracy to bring in, transport and harbor unlawful aliens. 18 U.S.C. § 371, 8 U.S.C. §§ 1324(a)(1)(A)(i), (a)(1)(A)(ii), (a)(1)(A)(iii). In addition to smuggling several aliens from Mexico to the United States, he also arranged for a co-defendant to...

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