U.S. v. AREVALO-JIMENEZ

No. 02-2335.

372 F.3d 1204 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Albert AREVALO-JIMENEZ, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

June 22, 2004.


Attorney(s) appearing for the Case

Howard Anderson, Albuquerque, NM, for Defendant-Appellant.

David Williams, Assistant United States Attorney (David C. Iglesias, United States Attorney, and Norman Cairns, Assistant United States Attorney, on the briefs), Albuquerque, NM, for Plaintiff-Appellee.

Before KELLY, McKAY, and O'BRIEN, Circuit Judges.


McKAY, Circuit Judge.

On August 19, 2002, Appellant entered into a plea agreement on a charge of unlawful reentry into the United States after having been previously convicted of a felony, in violation of 8 U.S.C. § 1326(a)(1) and (2) and 8 U.S.C. § 1326(b)(1). The plea agreement provided that "the defendant knowingly waives the right to appeal any sentence within the guideline range ... as determined by the Court after resolution of any objections by either...

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