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U.S. v. ALVIZO-TRUJILLO

No. 07-2347.

521 F.3d 1015 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Donaciano ALVIZO-TRUJILLO, also known as Donaciano Alvizo, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: March 31, 2008.

Rehearing and Rehearing Denied April 30, 2008.

Attorney(s) appearing for the Case

Stephen C. Moss, Asst. Fed. Public Defender, Kansas City, MO, argued (Raymond C. Conrad, Jr., Fed. Public Defender, on the brief), for appellant.

Richard N. Staples, Spec. Asst. U.S. Atty., Kansas City, MO, argued (John F. Wood, U.S. Atty., Philip M. Koppe, Asst. U.S. Atty., on the brief), for appellee.

Before MELLOY, GRUENDER, and SHEPHERD, Circuit Judges.

Rehearing and Rehearing En Banc Denied April 30, 2008.

MELLOY, Circuit Judge.

Donaciano Alvizo-Trujillo pled guilty to illegal re-entry into the United States in violation of 8 U.S.C. § 1326(a). His applicable Guidelines range was forty-six to fifty-seven months of imprisonment. The district court sentenced Alvizo-Trujillo to forty-six months of imprisonment. Alvizo-Trujillo appeals, arguing that the district court improperly applied a presumption of...

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