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U.S. v. REYES-ALFONSO

No. 10-2091.

653 F.3d 1137 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Daniel REYES-ALFONSO, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

July 27, 2011.

Attorney(s) appearing for the Case

Andre C. Poissant , Assistant Federal Public Defender, Las Cruces, NM, for Defendant-Appellant Daniel Reyes-Alfonso.

Terri J. Abernathy , Assistant United States Attorney, Las Cruces, NM (on the brief Kenneth J. Gonzales , United States Attorney, Michael Nammar , Assistant United States Attorney, Las Cruces, NM), for Plaintiff-Appellee United States of America.

Before BRISCOE, Chief Judge, EBEL, and MURPHY, Circuit Judges.

EBEL, Circuit Judge.

Defendant-Appellant Daniel Reyes-Alfonso pled guilty to one count of illegal reentry after deportation in violation of 8 U.S.C. § 1326. Using the 2009 United States Sentencing Guidelines, the district court calculated an advisory guideline imprisonment range of forty-six to fifty-seven months. Then, the district court imposed a sentence at the bottom of that range: forty-six months' imprisonment. Reyes-Alfonso now appeals, arguing that his...

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