U.S. v. SAENZ-GOMEZ

No. 06-2148.

472 F.3d 791 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Javier SAENZ-GOMEZ, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

January 2, 2007.


Attorney(s) appearing for the Case

Joseph W. Gandert, Assistant Federal Public Defender, Albuquerque, NM, for Defendant-Appellant.

David C. Iglesias, United States Attorney; William J. Pflugrath, Assistant United States Attorney, District of New Mexico, Albuquerque, NM, for Plaintiff-Appellee.

Before BRISCOE, EBEL, and TYMKOVICH, Circuit Judges.


BRISCOE, Circuit Judge.

Defendant Javier Saenz-Gomez pleaded guilty to illegal reentry after removal following a conviction for an aggravated felony in violation of 8 U.S.C. § 1326(a)(1), (2), and (b)(2) and was sentenced to a thirty-month term of imprisonment. On appeal, Saenz-Gomez argues that the district court erred in enhancing his sentence pursuant to 8 U.S.C. § 1326(b)(2) and U.S.S.G. § 2L1.2(b)(1)(B). We exercise jurisdiction pursuant to 28...

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