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U.S. v. RUIZ-RODRIGUEZ

No. 06-2184.

494 F.3d 1273 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Jose RUIZ-RODRIGUEZ, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

August 1, 2007.

Attorney(s) appearing for the Case

Raymond P. Moore, Federal Public Defender, and Vicki Mandell-King, Assistant Federal Public Defender, Denver, CO, for the Defendant-Appellant.

Larry Gómez, Acting United States Attorney, and William J. Pflugrath, Assistant United States Attorney, Albuquerque, NM, for the Plaintiff-Appellee.

Before BRISCOE, EBEL, and McCONNELL, Circuit Judges.

EBEL, Circuit Judge.

In 2005, Defendant-Appellant Jose Ruiz-Rodriguez was charged with and pled guilty to unlawful reentry after deportation subsequent to a conviction for commission of an aggravated felony, see 8 U.S.C. § 1326(a) and (b), and was sentenced to 41 months of imprisonment. He now appeals his sentence, specifically the portion based on his prior conviction for a crime of violence, arguing that the elements of the prior crime at issue do not...

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