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U.S. v. REINA-RODRIGUEZ

No. 05-10475.

468 F.3d 1147 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Hector REINA-RODRIGUEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed November 15, 2006.

Attorney(s) appearing for the Case

Christopher R. Kilburn and Brian I. Rademacher, Assistant Federal Public Defenders, Tucson, AZ, for the defendant-appellant.

Elizabeth Berenguer, Assistant United States Attorney, Tucson, AZ, for the plaintiff-appellee.

Before HUG, and O'SCANNLAIN, Circuit Judges, and BENITEZ, District Judge.

OPINION

ROGER T. BENITEZ, District Judge.

Hector Reina-Rodriguez ("Reina-Rodriguez") appeals his sentence of fifty-one months imprisonment following a conviction for illegal reentry after deportation in violation of 8 U.S.C. § 1326. He argues that application of a sixteen-level enhancement under the United States Sentencing Guidelines ("Guidelines") for his prior conviction in Utah was erroneous.

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