U.S. v. LOMELI-MENCES

No. 07-50452.

567 F.3d 501 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Hugo Armando LOMELI-MENCES, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed May 28, 2009.


Attorney(s) appearing for the Case

Robison D. Harley, Jr., Santa Ana, CA, for the defendant-appellant.

Jerry A. Behnke, Assistant United States Attorney, Riverside, CA, for the plaintiff-appellee.

Before: HARRY PREGERSON, SUSAN P. GRABER, and KIM McLANE WARDLAW, Circuit Judges.


GRABER, Circuit Judge:

Defendant Hugo Armando Lomeli-Mences pleaded guilty to entering the United States after having been deported, in violation of 8 U.S.C. § 1326(a) and (b)(2). On appeal, he raises two arguments challenging the district court's calculation of his sentence under the United States Sentencing Guidelines ("U.S.S.G."): (1) the district court abused its discretion in finding that his prior convictions for false imprisonment and false personation...

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