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United States Tenth Circuit


US v. Martinez-Macias, 05-3243

A sentence for illegally reentering the U.S. after deportation for an aggravated felony is vacated pursuant to the recent Supreme Court decision in Lopez v. Gonzales, ___ U.S. ___, No. 05-547, 2006 WL 3487031, (Dec. 5, 2006) which held that "a state offense constitutes a 'felony punishable under the Controlled Substances Act' only if it proscribes conduct punishable as a felony under that federal law."

Appellate Information

  • Decided 01/03/2007
  • Published 01/04/2007

Judges

  • McKAY, Circuit Judge., Before MURPHY, McKAY, and HOLLOWAY, Circuit Judges.

Court

  • United States Tenth Circuit

Counsel

  • For Appellees:
  • Melissa Harrison, Assistant Federal Public Defender for the District of Kansas, (David J. Phillips, Federal Public Defender, with her on the briefs), Kansas City, KS, for Defendant-Appellant., Michael G. Christensen, Assistant United States Attorney, (Eric F. Melgren, United States Attorney, with him on the brief), Kansas City, KS, for Plaintiff-Appellee.
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