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U.S. v. CERECERES-ZAVALA

No. 05-2191.

499 F.3d 1211 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Gerardo CERECERES-ZAVALA, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

August 28, 2007.

Attorney(s) appearing for the Case

Marcia J. Milner, Las Cruces, NM, for Defendant-Appellant.

Terri J. Abernathy, Assistant United States Attorney (David C. Iglesias, United States Attorney, with her on the brief), Las Cruces, NM, for the Plaintiff-Appellee.

Before HARTZ, EBEL, and TYMKOVICH, Circuit Judges.

EBEL, Circuit Judge.

Defendant-Appellant Gerardo Cereceres-Zavala ("Cereceres") was convicted of illegal reentry after having been previously convicted of an aggravated felony in violation of 8 U.S.C. § 1326 and was sentenced to 57 months' imprisonment.* He now appeals the imposition of his sentence, alleging that the district court improperly relied upon contested statements in Cereceres's presentencing report ("PSR") and failed...

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