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U.S. v. VENEGAS-ORNELAS

No. 03-2075.

348 F.3d 1273 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Adalberto VENEGAS-ORNELAS, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

November 14, 2003.

Attorney(s) appearing for the Case

Submitted on the briefs:*

Stephan P. McCue, Federal Public Defender; Charles A. Harwood, Assistant Federal Public Defender; and Shari Lynn Allison, Research and Writing Specialist, Las Cruces, New Mexico, for Defendant-Appellant.

David C. Iglesias, United States Attorney, and Norman Cairns, Assistant United States Attorney, Albuquerque, New Mexico, for Plaintiff-Appellee.

Before EBEL, HARTZ, and HENRY, Circuit Judges.

I.

EBEL, Circuit Judge.

BACKGROUND

On July 18, 2002, Adalberto Venegas-Ornelas ("Defendant") was arrested in New Mexico. Defendant was a Mexican national who had previously been deported after having been convicted in Colorado of first degree trespass, a felony. Defendant pled guilty to one count of violating 8 U.S.C. § 1326. The presentence report (PSR) calculated Defendant's offense level as 10. The PSR recommended a base offense level of...

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