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U.S. v. CORNELIO-PENA

No. 04-3478.

435 F.3d 1279 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Raul CORNELIO-PENA, also known as Raul Puente-Cuevas, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

January 30, 2006.

Attorney(s) appearing for the Case

Ronald E. Wurtz, Assistant Federal Public Defender (David J. Phillips, Federal Public Defender, with him on the brief), Topeka, Kansas, for Defendant-Appellant.

James A. Brown, Assistant United States Attorney (Eric F. Melgren, United States Attorney, with him on the brief), Topeka, Kansas, for Plaintiff-Appellee.

Before KELLY, BALDOCK, and MURPHY, Circuit Judges.

MURPHY, Circuit Judge.

I. Introduction

Defendant-Appellant Raul Cornelio-Pena was convicted in the United States District Court for the District of Kansas of illegal reentry following deportation. The district court sentenced him to fifty-seven months' custody, based in part on a sixteen-level enhancement for prior deportation after a conviction for a felony crime of violence. The district court reasoned that solicitation to commit burglary of...

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