U.S. v. JUAREZ-GALVAN

No. 08-3211.

572 F.3d 1156 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Audon JUAREZ-GALVAN, also known as Abdon Juarez-Galvan, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

July 20, 2009.


Attorney(s) appearing for the Case

Timothy J. Henry, Assistant Federal Public Defender, Office of the Federal Public Defender for the District of Kansas, Wichita, KS, appearing for Appellant.

Leon Patton, Assistant United States Attorney (Marietta Parker, Acting United States Attorney, Brent I. Anderson, Assistant United States Attorney, and James A. Brown, Assistant United States Attorney, on the briefs), Office of the United States Attorney for the District of Kansas, Wichita, KS, appearing for Appellee.

Before TACHA, McKAY, and ANDERSON, Circuit Judges.


TACHA, Circuit Judge.

Defendant-Appellant Audon Juarez-Galvan appeals his fifty-seven-month sentence for unlawful re-entry after deportation for an aggravated felony, in violation of 8 U.S.C. § 1326(a) and (b)(2). He argues that the district court erred in applying a sixteen-level enhancement under United States Sentencing Guidelines ("U.S.S.G." or "Guidelines") § 2L1.2(b)(1)(A)(ii) because neither of his California...

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