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U.S. v. ZUBIA-TORRES

No. 08-2067.

550 F.3d 1202 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Ricardo ZUBIA-TORRES, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

December 22, 2008.

Attorney(s) appearing for the Case

Scott M. Davidson, Albuquerque, New Mexico for Defendant-Appellant.

Andrea Hattan, Assistant United States Attorney (Gregory J. Fouratt, United States Attorney, and Terri J. Abernathy, Assistant United States Attorney, Las Cruces, New Mexico, on the brief) for Plaintiff-Appellee.

Before HENRY, Chief Judge, McKAY and McCONNELL, Circuit Judges.

McCONNELL, Circuit Judge.

Ricardo Zubia-Torres was convicted, pursuant to a guilty plea, of one count of reentry of a removed alien, in violation of 8 U.S.C. § 1326(a)(1), (a)(2), and (b)(2). His advisory guidelines offense level was calculated at twenty-one, largely on the basis of a sixteen-level enhancement under U.S.S.G. § 2L1.2(b)(1)(A)(i) for a "drug trafficking offense" committed nine years previously. On...

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