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U.S. v. AVILES-SOLARZANO

No. 09-3992.

623 F.3d 470 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Cirilo AVILES-SOLARZANO, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided October 13, 2010.

Attorney(s) appearing for the Case

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

Janis D. Roberts (argued), Durkin & Roberts, Chicago, IL, for Defendant-Appellant.

Before EASTERBROOK, Chief Judge, and POSNER and ROVNER, Circuit Judges.

POSNER, Circuit Judge.

The defendant pleaded guilty to having reentered the United States after having been removed (deported) as an illegal alien, in violation of 8 U.S.C. § 1326(a). The judge sentenced him to 70 months in prison. This was below the federal sentencing guidelines range of 77 to 96 months that she thought applicable, but considerably above the guidelines range of 33 to 41 months that would have been applicable had she not determined that the defendant...

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