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U.S. v. ALGARATE-VALENCIA

No. 08-2022.

550 F.3d 1238 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Andres Roberto ALGARATE-VALENCIA, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

December 30, 2008.

Attorney(s) appearing for the Case

Marc H. Robert, Assistant Federal Public Defender, Office of the Federal Public Defender, Las Cruces, NM, appearing for Appellant.

Laura Fashing, Assistant United States Attorney (Gregory J. Fouratt, United States Attorney, with her on the brief), Office of the United States Attorney for the District of New Mexico, Albuquerque, NM, appearing for Appellee.

Before TACHA, LUCERO, and O'BRIEN, Circuit Judges.

TACHA, Circuit Judge.

Defendant-Appellant Andres Roberto Algarate-Valencia pleaded guilty without a plea agreement to illegal re-entry of a removed alien. See 8 U.S.C. § 1326(a). Previously, Mr. Algarate had pleaded guilty in Colorado to second-degree kidnaping and third-degree assault, leading to a six-month jail sentence and his deportation. When sentencing Mr. Algarate in this case, the district judge applied a sixteen-level enhancement for illegal...

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