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U.S. v. SERVIN-ACOSTA

No. 07-2228.

534 F.3d 1362 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Ricardo SERVIN-ACOSTA, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

July 30, 2008.

Attorney(s) appearing for the Case

Scott M. Davidson, Albuquerque, NM, for Defendant-Appellant.

William J. Pflugrath, Assistant United States Attorney, (Gregory J. Fouratt, United States Attorney, with him on the brief), Albuquerque, NM, for Plaintiff-Appellee.

Before HARTZ, Circuit Judge, McWILLIAMS, Senior Circuit Judge, and HOLMES, Circuit Judge.

HARTZ, Circuit Judge.

Ricardo Servin-Acosta pleaded guilty in the United States District Court for the District of New Mexico to a charge of illegal reentry after deportation. See 8 U.S.C. § 1326(a)(1), (b). The district court sentenced him to 30 months' imprisonment. On appeal he contends that the court miscomputed his offense level under the United States Sentencing Guidelines (USSG) because it should not have considered a minute order from a California...

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