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U.S. v. HUYOA-JIMENEZ

No. 09-1570.

623 F.3d 1320 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Carlos HUYOA-JIMENEZ, a.k.a. Uriel Ayala-Guzman, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

October 21, 2010.

Attorney(s) appearing for the Case

Paul Farley , Assistant United States Attorney ( David M. Gaouette , United States Attorney, with him on the brief), Denver, CO, for Plaintiff-Appellee.

Kathleen Lord , Assistant Federal Public Defender ( Raymond P. Moore , Federal Public Defender, with her on the brief), Denver, CO, for Defendant-Appellant.

Before MURPHY, BALDOCK, and BRORBY, Circuit Judges.

BALDOCK, Circuit Judge.

In this case, Defendant Carlos Huyoa-Jimenez illegally reentered the United States after he was deported for committing a felony drug trafficking offense for which he received an entirely suspended sentence.1 This appeal requires us to decide whether, when sentencing such a defendant, a district court should apply a twelve-level enhancement for prior felony drug trafficking convictions "for which the sentence imposed...

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