US v. Torres-Duenas, 06-1062
A sentence for illegal reentry by a person previously deported for an aggravated felony is affirmed where: 1) enhancing defendant's sentence based on a felony kidnapping conviction that was nearly two decades old was not plain error; 2) the sentence was reasonable; and 3) sentences within a properly calculated Guidelines range are presumptively reasonable.
- Decided 08/29/2006
- Published 08/29/2006
HARTZ, Circuit Judge., Before HARTZ, EBEL, and TYMKOVICH, Circuit Judges.
United States Tenth Circuit
Raymond P. Moore, Federal Public Defender, Edward A. Pluss, Assistant Federal Public Defender, Lynn C. Hartfield, Research & Writing Attorney, Denver, Colorado, for Defendant-Appellant., William J. Leone, United States Attorney, Robert Brown, John M. Hutchins, Assistant United States Attorneys, Denver, Colorado, for Plaintiff-Appellee.