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U.S. v. ZUNIGA-GUERRERO

No. 05-6457.

460 F.3d 733 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Francisco ZUÑIGA-GUERRERO, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 23, 2006.

Attorney(s) appearing for the Case

ARGUED: Michael C. Holley, Federal Public Defender's Office, Nashville, Tennessee, for Appellant. Byron M. Jones, Assistant United States Attorney, Nashville, Tennessee, for Appellee. ON BRIEF: Michael C. Holley, Caryll S. Alpert, Federal Public Defender's Office, Nashville, Tennessee, for Appellant. Byron M. Jones, Assistant United States Attorney, Nashville, Tennessee, for Appellee.

Before: GILMAN and COOK, Circuit Judges; DOWD, District Judge.

OPINION

COOK, Circuit Judge.

Francisco Zuñiga-Guerrero ("Zuñiga") appeals his conviction and sentence for illegally reentering the United States following deportation. He argues that the deportation underlying his conviction was fundamentally unfair because the presiding immigration judge failed to consider him for a discretionary waiver of deportation. He also challenges the sentence imposed following...

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