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U.S. v. IBARRA-HERNANDEZ

No. 04-2502.

427 F.3d 332 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Victor Manuel IBARRA-HERNANDEZ, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 14, 2005.

Attorney(s) appearing for the Case

ARGUED: Paul L. Nelson, Federal Public Defenders Office, Western District of Michigan, Grand Rapids, Michigan, for Appellant. Timothy P. VerHey, United States Attorney, Grand Rapids, Michigan, for Appellee. ON BRIEF: Paul L. Nelson, Federal Public Defenders Office, Western District of Michigan, Grand Rapids, Michigan, for Appellant. Donald Daniels, United States Attorney, Grand Rapids, Michigan, for Appellee.

Before: GUY, BATCHELDER, and GILMAN, Circuit Judges.

OPINION

GILMAN, Circuit Judge.

Victor Manuel Ibarra-Hernandez, a Mexican national, was charged with and pled guilty to illegally reentering the United States after having been convicted of a felony, in violation of 8 U.S.C. § 1326(a) and (b). Over his objection, Ibarra-Hernandez was sentenced by the district court to 70 months of imprisonment, which was at the bottom of the 70 to 77 month range determined by...

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