United States Tenth Circuit

Defendant's sentence for reentering the country following deportation after a conviction for a drug trafficking offense is affirmed where, in light of all of the evidence in the record, including defendant's past illegal reentries and certain aggravating factors in his underlying drug-trafficking conviction, the imposition of a guidelines-range sentence did not manifest a clear error of judgment by the district court.

Appellate Information

• Decided 03/08/2010
• Published 03/08/2010

Judges

• McKAY, Circuit Judge., Before BRISCOE, McKAY, and HARTZ, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Submitted on the briefs: Raymond P. Moore, Federal Public Defender, and Howard A. Pincus, Assistant Federal Public Defender, Denver, CO, for Defendant-Appellant., David M. Gaouette, Acting United States Attorney, and Jeremy S. Sibert, Joseph Mackey, and John M. Hutchins, Assistant United States Attorneys, Denver, CO, for Plaintiff-Appellee.