U.S. v. MARTINEZ-JIMENEZ

No. 04-2324.

464 F.3d 1205 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Marlene MARTINEZ-JIMENEZ, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

September 29, 2006.


Attorney(s) appearing for the Case

Luis B. Juarez, Juarez Law Office, Las Vegas, NM, for Appellant.

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

Before LUCERO, EBEL, and MURPHY, Circuit Judges.


EBEL, Circuit Judge.

Marlene Martinez-Jimenez pleaded guilty to illegal reentry by a deported alien previously convicted of an aggravated felony, in violation of 8 U.S.C. § 1326(a)(1), (a)(2), and (b)(2). She was sentenced to fifty-seven months' imprisonment based in part on the district court's conclusion that she had a criminal history category of V. On appeal, Ms. Martinez-Jimenez argues that there was insufficient evidence to prove one of the prior convictions...

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