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U.S. v. HERNANDEZ-CASTILLO

No. 05-2157.

449 F.3d 1127 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Jorge HERNANDEZ-CASTILLO, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

June 6, 2006.

Attorney(s) appearing for the Case

James P. Baiamonte, Albuquerque, NM, for Defendant-Appellant.

Norman Cairns, Assistant United States Attorney, (David C. Iglesias, United States Attorney, with him on the brief), Albuquerque, NM, for Plaintiff-Appellee.

Before O'BRIEN, McWILLIAMS, and McCONNELL, Circuit Judges.

McCONNELL, Circuit Judge.

Jorge Hernandez-Castillo pleaded guilty to illegally reentering the United States in violation of 8 U.S.C. §§ 1326(a)(1), (a)(2), and (b)(2). At sentencing, the district court enhanced Mr. Hernandez-Castillo's base offense level by 16 points; finding that a prior California conviction for engaging in sexual intercourse with a minor was a felony and a crime of violence. On appeal, Mr. Hernandez-Castillo challenges only the district...

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