U.S. v. CRUZ-RODRIGUEZ

No. 07-4083.

570 F.3d 1179 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Arturo CRUZ-RODRIGUEZ, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

June 24, 2009.


Attorney(s) appearing for the Case

Scott Keith Wilson, Assistant Federal Public Defender (Steven B. Killpack, Federal Public Defender, with him on the briefs), Salt Lake City, UT, for Defendant-Appellant.

Elizabethanne C. Stevens, Assistant United States Attorney (Brett L. Tolman, United States Attorney, with her on the brief), Salt Lake City, UT, for Plaintiff-Appellee.

Before O'BRIEN, TYMKOVICH, and HOLMES, Circuit Judges.


HOLMES, Circuit Judge.

Defendant-Appellant Arturo Cruz-Rodriguez was charged with one count of illegal reentry by a previously deported alien in violation of 8 U.S.C. § 1326. He was convicted by a jury and sentenced to seventy-seven months' imprisonment. He appeals his conviction on the ground that the district court impermissibly expanded the scope of the indictment. Exercising jurisdiction under 28 U.S.C. § 1291, we conclude

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