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U.S. v. CALZADA-MARAVILLAS

No. 05-5029.

443 F.3d 1301 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Armando CALZADA-MARAVILLAS, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

April 17, 2006.

Attorney(s) appearing for the Case

Robert A. Ridenour, Assistant Federal Public Defender (Paul D. Brunton, Federal Public Defender, and Barry L. Derryberry, with him on the brief), Tulsa, OK, for Defendant-Appellant.

Loretta F. Radford, Assistant United States Attorney (David E. O'Meilia, United States Attorney, with her on the brief), Tulsa, OK, for Plaintiff-Appellee.

Before BRISCOE, McKAY, and McCONNELL, Circuit Judges.

BRISCOE, Circuit Judge.

Defendant Armando Calzada-Maravillas pled guilty to reentry of a deported alien after former conviction of an aggravated felony in violation of 8 U.S.C. § 1326(a) and (b)(1) and (2). At sentencing, the district court sua sponte departed upward, and sentenced Calzada-Maravillas to 58 months' imprisonment. Calzada-Maravillas appeals his sentence, claiming that the district court erred in departing upward without providing notice to...

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