U.S. v. PALOMINO GARCIA

No. 09-10534.

606 F.3d 1317 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Luis PALOMINO GARCIA, a.k.a. Ramon Lopez-Garcia, a.k.a. Jose Luis Palomino Garcia, a.k.a. Luis Garcia Palomino, a.k.a. Jose Luis Palomino, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

May 21, 2010.


Attorney(s) appearing for the Case

George Allen Couture and Donna Lee Elm, Fed. Pub. Defenders, James T. Skuthan, Acting Fed. Pub. Def., Orlando, FL, for Palomino Garcia.

Patricia D. Barksdale, Jacksonville, FL, Peggy Morris Ronca, Asst. U.S. Atty., Orlando, FL, for U.S.

Before DUBINA, Chief Judge, and MARTIN and HILL, Circuit Judges.


MARTIN, Circuit Judge:

Luis Palomino Garcia appeals his conviction and 70-month sentence for illegal reentry into the United States in violation of 8 U.S.C. § 1326(a). He argues that his prosecution was barred altogether by the statute of limitations. Failing that, he argues that he was sentenced improperly in several ways. He says that his sentence was wrongly enhanced because his prior Arizona conviction for aggravated assault is not a "crime of violence" under...

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