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U.S. v. ORDUNO-MIRELES

No. 04-12630 Non-Argument Calendar.

405 F.3d 960 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Miguel ORDUNO-MIRELES, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

April 6, 2005.

Attorney(s) appearing for the Case

Darlene M. Geiger, Fed. Pub. Def., Fort Myers, FL, Frank William Zaremba, Asst. Fed. Pub. Def., Tampa, FL, for Defendant-Appellant.

David Paul Rhodes, Yvette Rhodes Harrison, Asst. U.S. Atty., Tampa, FL, for Plaintiff-Appellee.

Before BIRCH, BARKETT and MARCUS, Circuit Judges.

MARCUS, Circuit Judge:

Miguel Orduno-Mireles appeals his 46-month sentence, imposed after he pled guilty to illegally reentering the United States after being deported subsequent to an aggravated felony conviction, in violation of 8 U.S.C. § 1326(a) and (b)(2). On appeal, he presents the following arguments: (1) the district court erred when it found that he previously was deported after a conviction for a felony that is a "crime of violence," thus qualifying...

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