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U.S. v. PERALTA-ESPINOZA

No. 04-CR-282.

413 F.Supp.2d 972 (2006)

UNITED STATES of America Plaintiff, v. Cirilo PERALTA-ESPINOZA Defendant.

United States District Court, E.D. Wisconsin.

February 3, 2006.

Attorney(s) appearing for the Case

Penelope L. Coblentz, United States Department of Justice, Office of the U.S. Attorney, Milwaukee, WI, for Plaintiff.

Calvin R. Malone, Federal Defender Services of Wisconsin Inc., Milwaukee, WI, for Defendant.

SENTENCING MEMORANDUM

ADELMAN, District Judge.

Defendant Cirilo Peralta-Espinoza pleaded guilty to unlawful re-entry after deportation. The probation office prepared a pre-sentence report ("PSR"), which recommended an offense level of 13 (base level 8, U.S.S.G. § 2L1.2(a), plus 8 because defendant was deported after his conviction of an "aggravated felony," § 2L1.2(b)(1)(C), and minus 3 for acceptance of responsibility, § 3E1.1) and...

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