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U.S. v. GONZALEZ-APARICIO

No. 09-10447.

648 F.3d 749 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Isaias GONZALEZ-APARICIO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 8, 2011.

Attorney(s) appearing for the Case

Robert Lally Miskell , (argued), Assistant U.S. Attorney, Tucson, AZ, for the appellee.

Jeffrey Glenn Buchella , (argued), CJA, Tucson, AZ, for the appellant.

Opinion by Judge COWEN; Dissent by Judge TASHIMA.

OPINION

COWEN, Circuit Judge.

Isaias Gonzalez-Aparicio appeals from the sentence imposed by the District Court following his guilty plea to one count of attempted reentry after deportation. Reviewing for plain error, we will affirm.

I.

Gonzalez-Aparicio was born in Mexico on January 24, 1973. According to the presentence investigation report ("PSR") dated September 23, 2009, he moved to the United States with his family when he was still...

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