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U.S. v. ANTONIO-AGUSTA

No. 11-1008.

672 F.3d 1209 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Jose ANTONIO-AGUSTA, also known as Ricardo Jose Artiaga, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

March 7, 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.

Ryan T. Bergsieker , Assistant United States Attorney ( John F. Walsh , United States Attorney, with him on the brief), Denver, CO, for Plaintiff-Appellee.

Before MURPHY, HARTZ, and TYMKOVICH, Circuit Judges.

MURPHY, Circuit Judge.

I. Introduction

Jose Antonio-Agusta appeals the district court's application of U.S.S.G. § 2L1.2(b)(1)(A)(ii)'s sixteen-level sentence enhancement in calculating his advisory Guidelines range.1 He argues the district court erred in relying on the indictment underlying his prior Arizona convictions to conclude those convictions constitute felony crimes of...

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