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U.S. v. MORENO-TREVINO

No. 04-4144.

432 F.3d 1181 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Miguel MORENO-TREVINO, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

December 28, 2005.

Attorney(s) appearing for the Case

Benjamin C. McMurray, Assistant Federal Public Defender (Steven B. Killpack, Federal Public Defender and Scott Keith Wilson, Assistant Federal Public Defender, with him on the briefs), Office of the Federal Public Defender, Salt Lake City, UT, for Defendant-Appellant.

Wayne T. Dance, Assistant United States Attorney (Paul M. Warner, United States Attorney, with him on the briefs), Salt Lake City, UT, for Plaintiff-Appellee.

Before HENRY, HOLLOWAY, and O'BRIEN, Circuit Judges.

HENRY, Circuit Judge.

Miguel Moreno-Trevino pleaded guilty to one count of illegal reentry after deportation, in violation of 8 U.S.C. § 1326(a). At sentencing, the district court found that he accepted responsibility for his offense and decreased his offense level by two points under U.S.S.G. § 3E1.1(a). The government declined to file a motion for an additional one-point adjustment for acceptance of responsibility under Section 3E1.1(b). On appeal, Mr...

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