U.S. v. LOPEZ

Nos. 10-1833, 10-2415, 10-2518, 10-2519.

650 F.3d 952 (2011)

UNITED STATES of America v. Jose J. LOPEZ, a/k/a Jose Lopez-Jimenez Jose J. Lopez, Appellant. United States of America v. Pedro Esparza-Diaz, also known as Juan Diaz Osegera, also known as Juan Esparza-Diaz, also known as Juan Trujillo, also known as Juan Sanchez Pedro Esparza-Diaz, Appellant. United States of America v. Pedro Manuel Arrelucea-Zamudio, Appellant. United States of America v. Silvestre Brito-Hernandez, Appellant.

United States Court of Appeals, Third Circuit.

Filed: June 16, 2011.


Attorney(s) appearing for the Case

Lisa Van Hoeck (Argued), Office of Federal Public Defender, Trenton, NJ, Lisa E. Lewis (Argued), Office of Federal Public Defender, Maggie F. Moy , Office of Federal Public Defender, Camden, NJ, for Appellants.

Jennifer H. Chin , Mark E. Coyne , Caroline A. Sadlowski (Argued), Steven G. Sanders , Office of United States Attorney, Newark, NJ, for Appellee.

Before: FISHER, JORDAN and COWEN, Circuit Judges.


OPINION OF THE COURT

FISHER, Circuit Judge.

In these consolidated appeals, Jose Lopez, Pedro Esparza-Diaz, Pedro Arrelucea-Zamudio, and Silvestre Brito-Hernandez ("Appellants") challenge the constitutionality and reasonableness of the sentences they received after pleading guilty to illegal reentry, in violation of 8 U.S.C. § 1326(a) and (b)(2).1 Appellants claim that their Fifth Amendment rights were violated as a result...

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