U.S. v. ARREVALO-OLVERA

No. 06-2291.

495 F.3d 1211 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Luis Alberto ARREVALO-OLVERA, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

July 31, 2007.


Attorney(s) appearing for the Case

Margaret A. Katze, Assistant Federal Public Defender, Albuquerque, NM, for defendant-appellant.

David C. Iglesias, United States Attorney; William J. Pflugrath, Assistant United States Attorney, Albuquerque, NM, for plaintiff-appellee.

Before BRISCOE, HOLLOWAY, and MURPHY, Circuit Judges.


BRISCOE, Circuit Judge.

Luis Alberto Arrevalo-Olvera appeals his sentence of sixty months of imprisonment for violating 8 U.S.C. §§ 1326(a)(1) and (2), and 8 U.S.C. § 1326(b)(2), reentry of a deported alien previously convicted of an aggravated felony. His sixty-month sentence was within the applicable guideline sentencing range, but was three months above the low end of that range. Arrevalo-Olvera argues that the district court erred by holding that...

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