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U.S. v. TRETO-MARTINEZ

No. 04-1185.

421 F.3d 1156 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Pablo TRETO-MARTINEZ, aka Pablo Treto-DeLaTorre, aka Juan Martinez-DeLaCruz, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

September 7, 2005.

Attorney(s) appearing for the Case

Submitted on the briefs:* Scott T. Varholak, Assistant Federal Public Defender, and Raymond P. Moore, Federal Public Defender, Denver, CO, for Defendant-Appellant.

Jerry N. Jones, Assistant U.S. Attorney, and William J. Leone, United States Attorney, Denver, CO, for Plaintiff-Appellee.

Before SEYMOUR, LUCERO and O'BRIEN, Circuit Judges.

LUCERO, Circuit Judge.

Having pled guilty to unlawful reentry by a deported alien removed subsequent to commission of an aggravated felony, Pablo Treto-Martinez contests his sentence and requests resentencing in light of United States v. Booker, ___ U.S. ___, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). At issue is whether his prior conviction in Kansas for aggravated battery against a law enforcement officer constitutes a "crime of violence" under U.S.S.G. §...

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