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U.S. v. MARTINEZ-ZAMARIPA

No. 11-5132.

680 F.3d 1221 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. David MARTINEZ-ZAMARIPA, a/k/a David Jose Martinez-Zamaripa, a/k/a David Zamaripa-Martinez, a/k/a David Jose Zamarripa, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

June 1, 2012.

Attorney(s) appearing for the Case

Submitted on the briefs:*

Terry L. Weber , Tulsa, OK, for Defendant-Appellant.

Thomas Scott Woodward , United States Attorney, Leena Alam , Assistant United States Attorney, Tulsa, OK, for Plaintiff-Appellee.

Before BRISCOE, Chief Judge, PORFILIO, Senior Circuit Judge, and MURPHY, Circuit Judge.

MURPHY, Circuit Judge.

Defendant David Martinez-Zamaripa pleaded guilty to being an alien present in the United States after deportation in violation of 8 U.S.C. § 1326(a) and (b)(2). The district court imposed a sentence of 54 months based on a 16-level enhancement under U.S.S.G. § 2L1.2(b)(1)(A)(ii) for prior conviction of a crime of violence, citing Martinez-Zamaripa's Oklahoma conviction for indecent proposal to a child in 1995. Martinez-Zamaripa now...

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