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U.S. v. TREJO-MARTINEZ

No. 05-6078.

481 F.3d 409 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Ramiro TREJO-MARTINEZ, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 23, 2007.

Attorney(s) appearing for the Case

ARGUED: Scott T. Wendelsdorf, Western Kentucky Federal Community Defender, Inc., Louisville, Kentucky, for Appellant. Terry M. Cushing, Assistant United States Attorney, Louisville, Kentucky, for Appellee.

ON BRIEF: Scott T. Wendelsdorf, Western Kentucky Federal Community Defender, Inc., Louisville, Kentucky, for Appellant. Terry M. Cushing, Monica Wheatley, Assistant United States Attorneys, Louisville, Kentucky, for Appellee.

Before MOORE and GIBBONS, Circuit Judges; ACKERMAN, District Judge.

MOORE, J. (p. ____), delivered a separate opinion concurring in part and concurring in the judgment.

OPINION

JULIA SMITH GIBBONS, Circuit Judge.

Defendant-appellant Ramiro Trejo-Martinez ("Trejo") appeals the sentence imposed by the district court for his illegal reentry into the United States following deportation in violation of 8 U.S.C. § 1326(a), (b)(2). The government argues that we are without jurisdiction to hear Trejo's appeal because...

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