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U.S. v. DELACRUZ-SOTO

No. 04-2086.

414 F.3d 1158 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Alejandro DELACRUZ-SOTO, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

July 12, 2005.

Attorney(s) appearing for the Case

Jess R. Lilley, Lilley Law Offices, Las Cruces, NM, for Defendant-Appellant.**

David C. Iglesias, U.S. Attorney, Norman Cairns, Office of the United States Attorney District of New Mexico, Albuquerque, NM, for Plaintiff-Appellee.

Before EBEL, MURPHY and McCONNELL, Circuit Judges.

EBEL, Circuit Judge.

In January 2004, Defendant Alejandro Delacruz-Soto, an alien who previously had been deported after being convicted of an aggravated felony, pled guilty to a charge of being found in the United States in violation of 8 U.S.C. §§ 1326(a)(1) & (2) and (b)(2).1 The district court sentenced him, inter alia, to 46 months' imprisonment. Defendant now appeals...

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