U.S. v. TRUJILLO-TERRAZAS

No. 04-2075.

405 F.3d 814 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Rogelio TRUJILLO-TERRAZAS, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

April 13, 2005.


Attorney(s) appearing for the Case

Submitted on the briefs.* Carlos Ibarra-Aguirre, Assistant Federal Public Defender, Las Cruces, NM, for Defendant-Appellant.

David C. Iglesias, United States Attorney, and Norman Cairns, Assistant United States Attorney, Albuquerque, NM, for Plaintiff-Appellee.

Before, SEYMOUR, HARTZ, and McCONNELL, Circuit Judges.


McCONNELL, Circuit Judge.

Mr. Trujillo appeals his sentence of 41 months imprisonment for illegally reentering the United States after deportation in violation of 8 U.S.C. § 1326(a). Mr. Trujillo argues that his sentence is unconstitutional in light of Blakely v. Washington, ___ U.S. ___, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004). We evaluate this claim now that the Supreme Court has issued its decision in United States v. Booker, ___ U.S. ___, 125...

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