U.S. v. DOMINGUEZ-CHAVEZ

No. 04-2705.

408 F.3d 516 (2005)

UNITED STATES of America, Appellee, v. Mario Alberto DOMINGUEZ-CHAVEZ, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: May 24, 2005.

Rehearing and Rehearing Denied July 7, 2005.


Attorney(s) appearing for the Case

John Messina, Attorney Federal Public Defender, Des Moines, IA, for appellant.

John E. Beamer, Asst. U.S. Attorney, and Andrew H. Kahl, Asst. U.S. Attorney, Des Moines, IA, for appellee.

Before LOKEN, Chief Judge, RILEY and SMITH, Circuit Judges.


Rehearing and Rehearing En Banc Denied July 7, 2005.

RILEY, Circuit Judge.

Mario Alberto Dominguez-Chavez (Dominguez-Chavez) appeals his 70-month sentence imposed by the district court1 after he pled guilty to one count of being an illegal alien found in the United States following deportation, in violation of 8 U.S.C. § 1326(a). At sentencing, Dominguez-Chavez did not raise a Sixth Amendment challenge to the Sentencing Guidelines...

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