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U.S. v. MONTENEGRO-RECINOS

No. 04-2236.

424 F.3d 715 (2005)

UNITED STATES of America, Appellee, v. Carlos MONTENEGRO-RECINOS, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: October 4, 2005.

Attorney(s) appearing for the Case

Rockne O. Cole, argued, Iowa City, IA, for appellant.

Stephanie M. Rose, argued, Asst. U.S. Attorney, Cedar Rapids, IA, for appellee.

Before MORRIS SHEPPARD ARNOLD, BOWMAN, and GRUENDER, Circuit Judges.

MORRIS SHEPPARD ARNOLD, Circuit Judge.

Carlos Montenegro-Recinos pleaded guilty to unlawfully entering the United States after being removed from the country for an aggravated felony, see 8 U.S.C. § 1326(a), and was sentenced to fifty-eight months in prison. At sentencing, the district court1 determined that his earlier state conviction for lewd and lascivious acts upon a fourteen- or fifteen-year-old child, see Cal...

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