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U.S. v. TALAMANTES

No. 10-1212.

620 F.3d 901 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Carlos Alejandro TALAMANTES, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: September 3, 2010.

Attorney(s) appearing for the Case

Katherine M. Menendez , AFPD, Minneapolis, MN, for appellant.

James Lackner , AUSA, St. Paul, MN, for appellee.

Before LOKEN, ARNOLD, and GRUENDER, Circuit Judges.

PER CURIAM.

Carlos Talamantes pleaded guilty to unlawful reentry after removal following an aggravated felony conviction in violation of 8 U.S.C. § 1326(a) and (b)(2). The plea agreement recited the parties' belief "that a sixteen (16) level increase is applicable" under U.S.S.G. § 2L1.2(b)(1)(A) due to his prior felony drug conviction, and that Talamantes would seek a downward departure or variance. Adopting without objection the recommendations of the...

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