United States Tenth Circuit

Sentence for unlawful reentry by an alien previously convicted of an aggravated felony is affirmed where defendant waived his objection to a 16-level enhancement by indicating to the district court that it had been resolved, and the sequence of events demonstrated that the waiver was knowing and voluntary.

Appellate Information

• Decided 07/30/2007
• Published 07/31/2007

Judges

• PAUL KELLY, JR., Circuit Judge., Before TACHA, Chief Circuit Judge, BALDOCK, and KELLY, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Terri J. Abernathy, Assistant United States Attorney, (and Larry Gomez, Acting United States Attorney, on the brief), Las Cruces, New Mexico, for Plaintiff-Appellee., Leon Schydlower, El Paso, Texas, for Defendant-Appellant.