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U.S. v. PORTILLO-MENDOZA

No. 00-10407.

273 F.3d 1224 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Mario PORTILLO-MENDOZA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed December 17, 2001.

Attorney(s) appearing for the Case

Atmore L. Baggot, Apache Junction, Arizona, for the defendant-appellant.

Joan G. Ruffennach, Assistant United States Attorney, Office of the U.S. Attorney, Phoenix, Arizona, for the plaintiff-appellee.

Before: PREGERSON, FERGUSON, and HAWKINS, Circuit Judges.

FERGUSON, Circuit Judge:

Appellant Mario Portillo-Mendoza was arrested after illegally crossing the border near Yuma, Arizona. He was charged with illegally entering, attempting to enter, and being found in the United States after a prior deportation in violation of 8 U.S.C. § 1326(a). After a jury found him guilty, his sentence was enhanced from 18 to 84 months on the basis of his having previously committed "aggravated felonies" — five convictions for...

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