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U.S. v. CARDENA-GARCIA

Nos. 02-1189, 02-1199.

362 F.3d 663 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Teodulfo CARDENA-GARCIA, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Cristobal Garcia-Suarez, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

March 26, 2004.

Attorney(s) appearing for the Case

Richard J. Banta, Denver, CO, and Richard D. Irvin, Boulder, CO, for Defendants-Appellants.

John W. Suthers, United States Attorney and Andrew A. Vogt, Assistant United States Attorney, Denver, CO, for Plaintiff-Appellee.

Before SEYMOUR, MURPHY, and O'BRIEN, Circuit Judges.

O'BRIEN, Circuit Judge.

This appeal calls upon us to consider the propriety of the cumulative application of sentencing enhancements. Appellants Teodulfo Cardena-Garcia and Cristobal Garcia-Suarez jointly1 appeal from the district court's enhancement of their sentences under both United States Sentencing Guidelines (U.S.S.G.) § 2L1.1(b)(5) and § 2L1.1(b)(6) (2001). We exercise jurisdiction under 28 U.S.C. § 1291 and affirm...

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