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U.S. v. MEJIA

Docket No. 05-3903-cr.

461 F.3d 158 (2006)

UNITED STATES of America, Appellee, v. Jorge MEJIA, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: August 22, 2006.

Attorney(s) appearing for the Case

Deirdre D. Von Dornum, Federal Defenders of New York, Inc., Appeals Bureau, New York, NY, for Appellant Jorge Mejia.

Michael Q. English, Assistant, United States Attorney (Michael J. Garcia, United States Attorney; Arthur Gollwitzer III, Harry Sandick, Karl Metzner, Assistant United States Attorneys, on the brief), New York, NY, for Appellee United States.

Before JACOBS, PARKER, Circuit Judges, and OBERDORFER, District Judge.

DENNIS JACOBS, Circuit Judge.

Jorge Mejia challenges the 37-month sentence imposed in the United States District Court for the Southern District of New York (Keenan, J.) following his plea of guilty to illegal reentry after deportation for an aggravated felony, in violation of 8 U.S.C. §§ 1326(a) and (b)(2). Mejia contends that the court erred in declining to reduce his sentence to account for the lesser sentence he presumably would have received in one...

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