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U.S. v. RIVERA-OROS

No. 08-2035.

590 F.3d 1123 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Rodrigo RIVERA-OROS, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

December 29, 2009.

Attorney(s) appearing for the Case

Scott M. Davidson, Albuquerque, NM, for Defendant-Appellant.

David N. Williams, Assistant United States Attorney (Gregory J. Fouratt, United States Attorney, with him on the brief), Albuquerque, NM, for Plaintiff-Appellee.

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

HOLMES, Circuit Judge.

Defendant-Appellant Rodrigo Rivera-Oros pleaded guilty to one count of reentering the United States after having been previously deported following a felony conviction, in violation of 8 U.S.C. § 1326(a), (b). The district court calculated a modified advisory Guidelines range—including a criminal history downward departure— yielding a range of forty-six to fifty-seven months' imprisonment. It sentenced Mr. Rivera-Oros to forty...

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