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U.S. v. ALVAREZ-BERNABE

No. 10-1199.

626 F.3d 1161 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Rumaldo ALVAREZ-BERNABE, a/k/a Prudencio Aguilar-Lopez, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

November 30, 2010.

Attorney(s) appearing for the Case

Submitted on the briefs:*

John F. Walsh , United States Attorney, and John M. Canedy , Special Assistant United States Attorney, Denver, CO, for Plaintiff-Appellee.

Raymond P. Moore , Federal Public Defender, and John T. Carlson , Assistant Federal Public Defender, Denver, CO, for Defendant-Appellant.

Before ANDERSON, BALDOCK, and BRORBY, Circuit Judges.

ANDERSON, Circuit Judge.

Defendant and appellant Rumaldo Alvarez-Bernabe (hereinafter referred to as "Mr. Alvarez") pled guilty to one count of reentering the United States illegally, after having been deported previously following an aggravated felony conviction, in violation of 8 U.S.C. § 1326(a), (b)(2). He received a sentence of 57 months' imprisonment, followed by three years of supervised release. Arguing that...

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