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UNITED STATES v. FIGUEROA-BELTRAN

No. 16-10388.

995 F.3d 724 (2021)

UNITED STATES of America, Plaintiff-Appellee, v. Gibran Richardo FIGUEROA-BELTRAN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Submission Withdrawn June 6, 2018.

Resubmitted April 20, 2021 San Francisco, California.

Filed April 27, 2021.

Attorney(s) appearing for the Case

Cristen C. Thayer (argued) and Amy B. Cleary , Assistant Federal Public Defenders; Rene L. Valladares , Federal Public Defender; Office of the Federal Public Defender, Las Vegas, Nevada; for Defendant-Appellant.

Nancy M. Olson (argued), Assistant United States Attorney; Elizabeth O. White , Appellate Chief; Nicholas A. Trutanich , United States Attorney, United States Attorney's Office, Las Vegas, Nevada; for Plaintiff-Appellee.

Before: Diarmuid F. O'Scannlain and Johnnie B. Rawlinson, Circuit Judges, and Sarah S. Vance, District Judge.

OPINION

Appellant Gibran Richardo Figueroa-Beltran (Figueroa-Beltran) appeals the district court's imposition of a custodial sentence of forty-one months, and three years of supervised release premised on Figueroa-Beltran's guilty plea to being a deported alien found unlawfully in the

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