U.S. v. DIAZ-JIMENEZ

No. 10-1988.

622 F.3d 692 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Luis DIAZ-JIMENEZ, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided September 8, 2010.


Attorney(s) appearing for the Case

Jonathan H. Koenig , argued, Office of the United States Attorney, Milwaukee, WI, for Plaintiff-Appellee.

Michael Holzman , argued, Rosen & Holzman, Waukesha, WI, for Defendant-Appellant.

Before POSNER, ROVNER, and HAMILTON, Circuit Judges.


POSNER, Circuit Judge.

The defendant, a Mexican citizen, pleaded guilty to having been present in the United States illegally because he had been removed as a consequence of having been convicted of an aggravated felony (car theft). 8 U.S.C. § 1326(a), (b)(2). He had re-entered the United States on four previous occasions after his conviction but on each occasion had been sent back to Mexico without being prosecuted.

In exchange for his pleading guilty...

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