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U.S. v. URBINA-MEJIA

No. 05-4125.

450 F.3d 838 (2006)

UNITED STATES of America, Plaintiff-Appellee; v. Jose URBINA-MEJIA, also known as Jose Mejia-Gomercinda, also known as Jose Apineda, also known as Jose Mejia-Urbina; Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: June 20, 2006.

Attorney(s) appearing for the Case

Timothy J. Langley, argued, Asst. Federal Public Defender, Sioux Falls, SD, for appellant.

Jeffrey C. Clapper, Asst. U.S. Attorney, Sioux Falls, SD (John J. Ulrich and Mark E. Salter, Asst. U.S. Attorneys, Sioux Falls, on the brief), for appellee.

Before MURPHY, JOHN R. GIBSON, and BENTON, Circuit Judges.

BENTON, Circuit Judge.

Jose Urbina-Mejia pled guilty to illegally reentering the United States after deportation in violation of 8 U.S.C. § 1326(a). At sentencing, the district court1 applied a 16-level enhancement for an earlier conviction of a crime of violence. Urbina-Mejia appeals. Having jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742, this court affirms.

At sentencing, Urbina-Mejia contested the PSR...

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