UNITED STATES v. HERRERA-GARCIA

No. 03-2308.

422 F.3d 1202 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Oscar HERRERA-GARCIA, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

September 9, 2005.


Attorney(s) appearing for the Case

Submitted on the Briefs:* Oscar Herrera-Garcia, pro se.

David C. Iglesias, United States Attorney and David N. Williams, Assistant United States Attorney, Albuquerque, NM, for the Plaintiff-Appellee.

Before SEYMOUR, HARTZ, and McCONNELL, Circuit Judges.


HARTZ, Circuit Judge.

On November 4, 2002, Movant Oscar Herrera-Garcia pleaded guilty to the charge of illegal reentry by a deported alien. 8 U.S.C. § 1326(a). At his May 5, 2003, sentencing hearing the district court enhanced his sentence under United States Sentencing Guidelines (USSG) § 2L1.2(b)(1)(A) because of a prior conviction for attempted assault. He did not file a direct appeal.

On October 24, 2003, Movant filed in the United States District...

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