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U.S. v. MURILLO-INIGUEZ

No. 01-3485.

318 F.3d 709 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Julio Cesar MURILLO-INIGUEZ, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed February 5, 2003.

Attorney(s) appearing for the Case

David O. Bauer (argued and briefed), Assistant U.S. Attorney, U.S. Attorney's Office, Toledo, OH, for Plaintiff-Appellee.

Elaine Mittleman (argued and briefed), Falls Church, VA, for Defendant-Appellant.

Before: MARTIN, Chief Circuit Judge; MERRITT and LAY, Circuit Judges.

OPINION

BOYCE F. MARTIN, JR., Chief Circuit Judge.

Julio Cesar Murillo-Iniguez appeals his sentence for illegal reentry into the United States in violation of 8 U.S.C. § 1326(a). He argues the district court failed to explicitly find that his original deportation was based on an aggravated felony; that the interpretation of the statute under which he was convicted is undermined by the Supreme Court's decision in Apprendi v. New Jersey,

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