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U.S. v. RAYGOSA-ESPARZA

No. 07-50573.

566 F.3d 852 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Esteban RAYGOSA-ESPARZA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed May 15, 2009.

Attorney(s) appearing for the Case

Neha Mehta, Deputy Federal Public Defender, Los Angeles, CA, for the defendant-appellant.

Sheri Pym, Assistant United States Attorney, Riverside, CA, for the plaintiff-appellee.

Before: HARRY PREGERSON and DAVID R. THOMPSON, Circuit Judges, and JEREMY D. FOGEL, District Judge.

THOMPSON, Senior Circuit Judge:

Esteban Raygosa-Esparza ("Raygosa-Esparza") challenges the new sentence imposed by the district court following his successful 28 U.S.C. § 2255 petition. We affirm.

Raygosa-Esparza was found guilty by a jury of two counts of conspiring to smuggle drugs into a federal prison, in violation of 21 U.S.C. § 846, and 18 U.S.C. § 1791(a)(2).

The indictment identified heroin, methamphetamine, and marijuana as...

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