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U.S. v. HERRERA-ROLDAN

No. 04-2159.

414 F.3d 1238 (2005)

UNITED STATES of America, Plaintiff-Appellant, v. Felipe HERRERA-ROLDAN, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

July 13, 2005.

Attorney(s) appearing for the Case

Submitted on the briefs:*

David C. Iglesias, United States Attorney, Norman Cairns, Assistant United States Attorney, Albuquerque, NM, for Plaintiff-Appellant.

Peter J. Giovannini, Las Cruces, NM, for Defendant-Appellee.

Before O'BRIEN, McCONNELL, and TYMKOVICH, Circuit Judges.

McCONNELL, Circuit Judge.

In October 2003, Defendant Felipe Herrera-Roldan, a citizen of Mexico, was arrested near Truth or Consequences, New Mexico without immigration documentation allowing him to be in the United States. He pled guilty to illegally entering the United States after deportation in violation of 8 U.S.C. §§ 1326(a) and (b)(2). The only issue at sentencing (and in this appeal) was whether his prior Texas conviction for possession of more than...

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