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U.S. v. LOPEZ-AVILA

No. 10-1200.

665 F.3d 1216 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Dennis Enriquez LOPEZ-AVILA, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

December 2, 2011.

Attorney(s) appearing for the Case

Barry A. Schwartz , Assistant Federal Public Defender, ( Raymond P. Moore , Federal Public Defender, with him on the brief), Denver, CO, for the Appellant.

Hayley E. Reynolds , Assistant United States Attorney, ( John F. Walsh , United States Attorney, with her on the brief) Denver, CO, for the Appellee.

Before HARTZ, HOLLOWAY and O'BRIEN, Circuit Judges.

HOLLOWAY, Circuit Judge.

Defendant-appellant Dennis Enriquez Lopez-Avila (Lopez) was charged with unlawful re-entry after deportation following an aggravated felony conviction in violation of 8 U.S.C. § 1326(a) & (b)(2). Mr. Lopez entered a guilty plea after reaching an agreement with the prosecution. The district court rejected Mr. Lopez's request for a sentence below that calculated under the advisory guidelines and sentenced him to thirty-seven months...

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