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U.S. v. BENG-SALAZAR

No. 04-50518.

452 F.3d 1088 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Jesus Adrian BENG-SALAZAR, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 6, 2006.

Attorney(s) appearing for the Case

Ellis M. Johnston, III, Federal Defenders of San Diego, Inc., San Diego, CA, for the defendant-appellant.

Christopher P. Tenorio, Assistant United States Attorney, San Diego, CA, for the plaintiff-appellee.

Before HALL, O'SCANNLAIN, and PAEZ, Circuit Judges.

PAEZ, Circuit Judge.

Jesus Adrian Beng-Salazar ("Beng") appeals his conviction and sentence for illegal reentry into the United States in violation of 8 U.S.C. § 1326. In a separate memorandum, we affirm Beng's conviction. In this opinion, we consider Beng's arguments that his sentence violated the Sixth Amendment and ran afoul of the Supreme Court's decision in United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L...

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