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U.S. v. MARCELENO

No. 15-2074.

819 F.3d 1267 (2016)

UNITED STATES of America, Plaintiff-Appellee, v. Hiram MARCELENO, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

April 11, 2016.

Attorney(s) appearing for the Case

Gregory M. Acton , Albuquerque, NM, for Defendant-Appellant.

William J. Pflugrath , Assistant United States Attorney ( Damon P. Martinez , United States Attorney, with him on the brief), Albuquerque, NM, for Plaintiff-Appellee.

Before KELLY, BRISCOE and HARTZ, Circuit Judges.

Hiram Marceleno pleaded guilty to one count of reentry of a removed alien, in violation of 8 U.S.C. § 1326(a) and (b). In this direct appeal, Marceleno claims the district court erred by denying his request to withdraw his guilty plea pursuant to Federal Rule of Criminal Procedure 11(d)(2)(B). Exercising jurisdiction...

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