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U.S. v. MUNGUIA-SANCHEZ

No. 03-1206.

365 F.3d 877 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Ruben Exau MUNGUIA-SANCHEZ, also known as Ruben Exau Manguia-Sanchez, also known as Ruben Sanchez, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

April 20, 2004.

Attorney(s) appearing for the Case

Jill M. Wichlens, Assistant Federal Public Defender, (Michael G. Katz, Federal Public Defender, with her on the brief), Denver, CO, for Defendant-Appellant.

James C. Murphy, Assistant United States Attorney (John W. Suthers, United States Attorney, with him on the brief), Denver, CO, for Plaintiff-Appellee.

Before EBEL, HENRY, and HARTZ, Circuit Judges.

HENRY, Circuit Judge.

Ruben Exau Munguia-Sanchez appeals his sentence for unlawfully reentering the United States after deportation for conviction of an aggravated felony, a violation of 8 U.S.C. § 1326(a) and (b)(2). He argues that his prior Colorado state court conviction for sexual assault of a child did not constitute a crime of violence under section 2L1.2(b)(1)(A)(ii) of the United States Sentencing Guidelines. As a result, Mr. Munguia-Sanchez maintains...

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