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U.S. v. GONZALEZ-HUERTA

No. 04-2045.

403 F.3d 727 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Sergio GONZALEZ-HUERTA; a/k/a Sergio Covarrublias; a/k/a Gonzalez-Covarrublias, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

April 8, 2005.

Attorney(s) appearing for the Case

Demetra Lambros, United States Department of Justice, Criminal Division, Washington, D.C. (David C. Iglesias, United States Attorney, Norman Cairns, Assistant United States Attorney, Albuquerque, NM, with her on the briefs), for Plaintiff-Appellee.

Jenine M. Jensen Assistant Federal Public Defender, (Raymond P. Moore, Federal Public Defender, Denver, CO, with her on the briefs), appearing for Defendant-Appellant.

Norman R. Mueller, Haddon, Morgan & Foreman, P.C., Timothy M. Hurley, University of Denver Sturm College of Law, Jeremy Karpatkin and Andrew Unthank, Federal Appellate Clinic at University of Denver Sturm College of Law, Denver, CO; filed an amicus curiae brief for the National Association of Criminal Defense Lawyers.

Before TACHA, Chief Circuit Judge, SEYMOUR, EBEL, KELLY, HENRY, BRISCOE, LUCERO, MURPHY, HARTZ, O'BRIEN, McCONNELL, and TYMKOVICH, Circuit Judges.

TACHA, Chief Circuit Judge.

Defendant-Appellant Sergio Gonzalez-Huerta pleaded guilty to illegal reentry by a deported alien in violation of 8 U.S.C. § 1326(a)-(b)(2). The District Court sentenced Mr. Gonzalez-Huerta to 57 months' incarceration. In determining Mr. Gonzalez-Huerta's sentence, the court did not rely upon judge-found facts, but it did apply mandatorily the U.S. Sentencing Guidelines (2003) ("Guidelines"). Mr. Gonzalez argues for the first time on...

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