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U.S. v. VARGAS

No. 06-1368.

477 F.3d 94 (2007)

UNITED STATES of America v. Sandro Antonio VARGAS, Appellant.

United States Court of Appeals, Third Circuit.

Filed February 16, 2007.

Attorney(s) appearing for the Case

Daniel A. Velez, Office of United States Attorney, Philadelphia, PA, for United States of America.

Elizabeth T. Hey, Defender Association of Philadelphia Federal Court Division, Philadelphia, PA, for Sandro Antonio Vargas.

Before FUENTES, VAN ANTWERPEN, and SILER, Circuit Judges.

Submitted Pursuant to Third Circuit LAR 34.1(a) February 16, 2007.

OPINION OF THE COURT

VAN ANTWERPEN, Circuit Judge.

Appellant Sandro Antonio Vargas appeals his sentence of 41 months of imprisonment imposed following his pleading guilty to illegally reentering the United States after he was deported following conviction of an aggravated felony in violation of 8 U.S.C. § 1326(a), (b)(2). He claims the District Court erred in sentencing him when...

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