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U.S. v. TAFOYA-MONTELONGO

No. 10-10177.

659 F.3d 738 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Homero TAFOYA-MONTELONGO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 14, 2011.

Attorney(s) appearing for the Case

John H. Messing , Tucson, AZ, for defendant-appellant, Homero Tafoya-Montelongo.

Elizabeth Adair Strange , Assistant U.S. Attorney, Tucson, AZ, for plaintiff-appellee, United States of America.

Before: WILLIAM A. FLETCHER and N. RANDY SMITH, Circuit Judges, and RICHARD MILLS, District Judge.

OPINION

MILLS, Senior District Judge:

Homero Tafoya-Montelongo appeals the 52-month sentence imposed following his open plea of guilty to a single-count indictment charging him with illegal re-entry after deportation, in violation of 8 U.S.C. § 1326 as enhanced by 8 U.S.C. § 1326(b)(2), on the basis that he had previously been removed from the United States following a conviction of an aggravated felony...

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