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U.S. v. VILLARREAL-ORTIZ

No. 07-3321.

553 F.3d 1326 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Francisco VILLARREAL-ORTIZ, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

January 12, 2009.

Attorney(s) appearing for the Case

Ronald E. Wurtz, Assistant Federal Public Defender (David J. Phillips, Federal Public Defender, with him on the briefs), Topeka, KS, for Defendant-Appellant.

James A. Brown, Assistant United States Attorney (Eric F. Melgren, United States Attorney, with him on the brief), Topeka, KS, for Plaintiff-Appellee.

Before TACHA, HOLLOWAY, and HOLMES, Circuit Judges.

PER CURIAM.

Francisco Villarreal-Ortiz pled guilty to the offense of being a deported alien "found" in the United States in violation of 8 U.S.C. § 1326. He appeals his sentence, challenging an increase in his criminal history points pursuant to U.S.S.G. § 4A1.1(d), which provides for the increase when the offense was committed while the defendant was on probation for another crime. Here, we are required to determine when a defendant commits the crime of...

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