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U.S. v. JIMENEZ

No. 07-10399.

533 F.3d 1110 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Noe JIMENEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 23, 2008.

Attorney(s) appearing for the Case

Robert A. Bork, Assistant United States Attorney, Las Vegas, NV, for appellee the United States of America.

Robert L. Ellman, Appellate Chief, Las Vegas, NV, for appellee the United States of America.

Brenda Weksler, Assistant Federal Public Defender, Las Vegas, NV, for defendant Jose Noe Jimenez.

Arthur L. Allen, Assistant Federal Public Defender, Las Vegas, NV, for defendant Jose Noe Jimenez.

Before: B. FLETCHER and PAMELA ANN RYMER, Circuit Judges, and KEVIN THOMAS DUFFY, Senior District Judge.

DUFFY, Senior District Judge:

Jose Noe Jimenez ("Jimenez") is a prisoner being temporarily held in Florence, Arizona pending designation to a Bureau of Prisons facility. After pleading guilty to Unlawful Reentry of a Deported Alien, 8 U.S.C. § 1326, Jimenez was sentenced to forty-six months of imprisonment. At sentencing, the district court imposed a sixteen-level enhancement for Jimenez's two prior convictions of Unlawful Use of a Communication Facility, 21...

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