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U.S. v. LABASTIDA-SEGURA

No. 04-1311.

396 F.3d 1140 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Martin LABASTIDA-SEGURA, Defendant Appellant.

United States Court of Appeals, Tenth Circuit.

February 4, 2005.

Attorney(s) appearing for the Case

Submitted on the briefs:*

John W. Suthers, United States Attorney and Andrew A. Vogt, Assistant United States Attorney, Denver, CO, for Plaintiff-Appellee.

Raymond P. Moore, Federal Public Defender and Edward A. Pluss, Assistant Federal Public Defender, Denver, CO, for Defendant-Appellant.

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

PAUL KELLY, JR., Circuit Judge.

Defendant-Appellant Martin Labastida-Segura appeals from the sentence imposed upon his conviction of unlawful reentry by a previously deported alien in violation of 8 U.S.C. § 1326. The indictment alleged that Mr. Labastida-Segura, after being convicted of an aggravated felony (domestic violence), was deported from the United States, and was thereafter found in the United States on February...

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