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U.S. v. ROMERO-HERNANDEZ

No. 05-2154.

505 F.3d 1082 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Felipe ROMERO-HERNANDEZ, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

October 16, 2007.

Attorney(s) appearing for the Case

Submitted on the briefs:*

Jerry A. Walz and Alfred D. Creecy, Walz and Associates, Cedar Crest, New Mexico, for the Defendant-Appellant.

David C. Iglesias, United States Attorney, and Norman Cairns, Assistant United States Attorney, Office of the United States Attorney for the District of New Mexico, Albuquerque, New Mexico, for the Plaintiff-Appellee.

Before TACHA, Chief Circuit Judge, BRISCOE, and GORSUCH, Circuit Judges.

TACHA, Chief Circuit Judge.

Defendant-Appellant Felipe Romero-Hernandez, a citizen of Mexico, pleaded guilty to illegal reentry following removal for commission of an aggravated felony in violation of 8 U.S.C. § 1326(a) and (b)(2). At sentencing, the District Court applied a sixteen-level upward adjustment to Mr. Romero-Hernandez's sentence under § 2L1.2(b)(1)(A)(ii) of the U.S. Sentencing Guidelines ("U.S.S.G." or "Guidelines") after concluding that he...

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