U.S. v. MARTINEZ-BARRAGAN

No. 06-2333.

545 F.3d 894 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. José MARTINEZ-BARRAGAN, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

October 21, 2008.


Attorney(s) appearing for the Case

Zachary A. Ives (Martha E. Mulvany with him on the briefs), Freedman Boyd Hollander Goldberg & Ives, Albuquerque, NM, for Defendant-Appellant.

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

Before HENRY, Chief Judge, McWILLIAMS, Senior Circuit Judge, and HOLMES, Circuit Judge.


HOLMES, Circuit Judge.

Appellant José Martinez-Barragan pleaded guilty to illegal reentry by a deported alien after having been previously convicted of an aggravated felony, in violation of 8 U.S.C. § 1326(a) and (b)(2). He challenges both the procedural and substantive reasonableness of his sentence. We exercise jurisdiction under 28 U.S.C. § 1291. Finding no error, we affirm his sentence.

I. BACKGROUND

Mr. Martinez-Barragan is a...

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