U.S. v. HERNANDEZ-NORIEGA

No. 07-1393.

544 F.3d 1141 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Jacinto HERNANDEZ-NORIEGA, a.k.a. Jose Casada-Morales, a.k.a. Fernando Colin-Orozco, a.k.a. Fernando Colin, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

October 17, 2008.


Attorney(s) appearing for the Case

Raymond P. Moore, Federal Public Defender, and Vicki Mandell-King, Assistant Federal Public Defender, for Defendant-Appellant.

Troy Eid, United States Attorney, and Roxane J. Perruso and John M. Hutchins, Assistant United States Attorneys, for Plaintiff-Appellee.

Before GORSUCH, McKAY, and BALDOCK, Circuit Judges.


McKAY, Circuit Judge.

Defendant pled guilty to being a previously deported alien found within the United States in violation of 8 U.S.C. § 1326. At the time he was found in the United States, he was serving a state term of imprisonment in Colorado. Based on this fact, the district court added two points to Defendant's criminal history score pursuant to USSG § 4A1.1(d), which applies when "the defendant committed the instant offense while under any criminal...

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