U.S. v. BALBIN-MESA

No. 10-2161.

643 F.3d 783 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Jesus Alcedes BALBIN-MESA, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

June 29, 2011.


Attorney(s) appearing for the Case

Submitted on the briefs:*

Anthony Viorst , The Viorst Law Offices, P.C., Denver, CO, for Defendant-Appellant.

Kenneth J. Gonzales , United States Attorney, Laura Fashing , Assistant United States Attorney, Albuquerque, NM, for Plaintiff-Appellee.

Before MATHESON, McKAY, and EBEL, Circuit Judges.


McKAY, Circuit Judge.

Defendant Jesus Alcedes Balbin-Mesa, a citizen of Colombia, appeals from the below-guideline sentence imposed upon him after he pled guilty, without a plea agreement, to a charge of reentering the United States after having been removed, in violation of 8 U.S.C. § 1326(a)(1) and (b)(1). Exercising jurisdiction under 18 U.S.C. § 3742(a)(1), we affirm.

I. Procedural History

In November 2009, a United States Border...

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