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U.S. v. HERNANDEZ-GUERRERO

No. 10-50096.

633 F.3d 933 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Cruz HERNANDEZ-GUERRERO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed February 23, 2011.

Attorney(s) appearing for the Case

Kurt Mayer , Deputy Federal Public Defender, Los Angeles, CA, for the appellant.

Robert E. Dugdale and Stephanie S. Christensen , Assistant United States Attorneys, Los Angeles, CA, for the appellee.

Before: M. MARGARET McKEOWN, WILLIAM A. FLETCHER, and RICHARD R. CLIFTON, Circuit Judges.

OPINION

CLIFTON, Circuit Judge:

Cruz Hernandez-Guerrero ("Hernandez") pled guilty to being an alien found in the United States following deportation in violation of 8 U.S.C. § 1326(a). He was sentenced to twenty-seven months of imprisonment. Hernandez appeals this sentence, contending that the district court erred in using the date he reentered the country instead of the date he was actually found in the country when it determined the appropriate range...

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