United States Tenth Circuit

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.

Appellate Information

• Decided 08/29/2006
• Published 08/29/2006

Judges

• HARTZ, Circuit Judge., Before HARTZ, EBEL, and TYMKOVICH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• 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.