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U.S. v. CORDOVA-AREVALO

No. 05-2013.

456 F.3d 1229 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Jesus CORDOVA-AREVALO, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

August 8, 2006.

Attorney(s) appearing for the Case

Terri J. Abernathy, Assistant United States Attorney (David C. Iglesias, United States Attorney, on the brief) Las Cruces, NM, for Plaintiff-Appellee.

Richard C. Cauble, Las Cruces, NM, for Defendant-Appellant.

Before BRISCOE, ANDERSON and O'BRIEN, Circuit Judges.

O'BRIEN, Circuit Judge.

On June 18, 2004, Jesus Cordova-Arevalo (Cordova-Arevalo) pled guilty to illegally reentering the United States after deportation in violation of 8 U.S.C. § 1326(a)(1),(2). The presentence investigation report (PSR) recommended a sixteen-level enhancement pursuant to USSG § 2L1.2(b)(1)(A), treating Cordova-Arevalo's prior Colorado conviction (third degree assault) as a felony crime of violence.1 The enhancement...

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