U.S. v. SERRANO-DOMINGUEZ

No. 04-1398.

406 F.3d 1221 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Oscar SERRANO-DOMINGUEZ, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

May 4, 2005.


Attorney(s) appearing for the Case

Submitted on the briefs.* Raymond P. Moore, Federal Public Defender, and Edward R. Harris, Assistant Federal Public Defender, Denver, CO, for Defendant-Appellant.

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

Before SEYMOUR, HARTZ, and McCONNELL, Circuit Judges.


McCONNELL, Circuit Judge.

The defendant, Oscar Serrano-Dominguez, appeals his sentence of 33 months imprisonment for illegally reentering the United States in violation of 8 U.S.C. § 1326. Mr. Serrano-Dominguez argues that the use of the Federal Sentencing Guidelines ("Guidelines") to sentence him is unconstitutional in light of Blakely v. Washington, ___ U.S. ___, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004...

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