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U.S. v. CHAVEZ-SUAREZ

No. 09-1005.

597 F.3d 1137 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Margarito CHAVEZ-SUAREZ, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

March 8, 2010.

Attorney(s) appearing for the Case

Submitted on the briefs:* Raymond P. Moore, Federal Public Defender, and Howard A. Pincus, Assistant Federal Public Defender, Denver, CO, for Defendant-Appellant.

David M. Gaouette, Acting United States Attorney, and Jeremy S. Sibert, Joseph Mackey, and John M. Hutchins, Assistant United States Attorneys, Denver, CO, for Plaintiff-Appellee.

Before BRISCOE, McKAY, and HARTZ, Circuit Judges.

McKAY, Circuit Judge.

In this criminal appeal, Defendant Margarito Chavez-Suarez challenges the substantive reasonableness of his sentence. Defendant pled guilty to illegally reentering the country following deportation after a conviction for a drug-trafficking offense. This drug-trafficking offense—a 1997 state court conviction for the attempted distribution of marijuana—resulted in a sixteen-level enhancement to the offense level calculated

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