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U.S. v. VENTURA-PEREZ

No. 10-1529.

666 F.3d 670 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Byron VENTURA-PEREZ, a/k/a Byron Espino, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

January 18, 2012.

Attorney(s) appearing for the Case

Howard A. Pincus , Assistant Federal Public Defender, ( Raymond P. Moore , Federal Public Defender, with him on the briefs), Denver, CO, for Defendant-Appellant.

James C. Murphy , Assistant United States Attorney, ( John F. Walsh , United States Attorney, with him on the brief), Denver, CO, for Plaintiff-Appellee.

Before KELLY, MURPHY, and HARTZ, Circuit Judges.

HARTZ, Circuit Judge.

In August 2010, Defendant Byron Ventura-Perez pleaded guilty in the United States District Court for the District of Colorado to illegal reentry after deportation subsequent to an aggravated-felony conviction. See 8 U.S.C. § 1326(a), (b)(2). He raises two challenges on appeal. First, he contends that the district court miscalculated his offense level under the Sentencing Guidelines. The court increased his offense level by 16 on the...

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