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U.S. v. VILLEGAS-MIRANDA

No. 08-2308.

579 F.3d 798 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Octavio VILLEGAS-MIRANDA, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 27, 2009.

Attorney(s) appearing for the Case

Erika Csicsila (argued), Office of the United States Attorney, Chicago, IL, for Plaintiff-Appellee.

Kent V. Anderson (argued), Attorney, Richard H. Parsons, Attorney, Office of the Federal Public Defender, Peoria, IL, for Defendant-Appellant.

Before FLAUM and WILLIAMS, Circuit Judges, and LAWRENCE, District Judge.

WILLIAMS, Circuit Judge.

Octavio Villegas-Miranda believes that the government intentionally delayed charging him with illegal reentry, a federal crime, while he was in state custody on a domestic battery charge. This delay, he claims, was designed to deprive him of the opportunity to serve his federal sentence concurrent with the remainder of his state sentence.

At sentencing, he asked the district court to lower the federal sentence that it

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