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U.S. v. ARRIETA-BUENDIA

No. 03-1577.

372 F.3d 953 (2004)

UNITED STATES of America, Appellee, v. Rafael ARRIETA-BUENDIA, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: June 17, 2004.

Attorney(s) appearing for the Case

Counsel who represented the appellant was Ann M. Koszuth, Assistant Federal Public Defender, of Springfield, Missouri. Also appearing on the brief was Raymond C. Conrad, Jr.

Counsel who represented the appellee was David C. Jones, Assistant U.S. Attorney, of Springfield, Missouri. Also appearing on the brief was Todd P. Graves.

Before RILEY and MELLOY, Circuit Judges, and ERICKSON, District Judge.

RILEY, Circuit Judge.

Rafael Arrieta-Buendia (Arrieta-Buendia) pled guilty to unlawful reentry into the United States after deportation and after conviction for an aggravated felony, in violation of 8 U.S.C. § 1326(a)(2) and (b)(2) (2000). The district court2 sentenced Arrieta-Buendia to 46 months imprisonment and three years supervised release. Arrieta-Buendia appeals the sentence, contending the district court erroneously applied...

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