U.S. v. LEYVA-MARTINEZ

No. 10-50269.

632 F.3d 568 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Antonio LEYVA-MARTINEZ, a.k.a. Jose Antonio Levya-Hernandez, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed January 27, 2011.


Attorney(s) appearing for the Case

Daniel E. Butcher, Esquire , Assistant U.S. Attorney, Office of The U.S. Attorney, San Diego, CA, for the plaintiff-appellee.

Gary Paul Burcham, Esquire , San Diego, CA, for the defendant-appellant.

Before: ALFRED T. GOODWIN, PAMELA ANN RYMER, and SUSAN P. GRABER, Circuit Judges.


ORDER

PER CURIAM:

Jose Antonio Leyva-Martinez appeals from the 70-month sentence imposed following his conviction for attempted re-entry after deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Leyva-Martinez contends that the district court erred when it applied a 16-level enhancement, pursuant to U.S.S.G. § 2L1.2(b)(1)(A)(ii), because his prior conviction for inflicting...

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