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US v. Aviles-Solarzano, 09-3992

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By FindLaw Staff on October 13, 2010 3:31 PM

Defendant's sentence for illegal reentry into the US based on prior conviction for aggravated battery affirmed

US v. Aviles-Solarzano, 09-3992, concerned a challenge to the district court's imposition of a 70-month sentence based on defendant's prior conviction for aggravated battery in a prosecution of defendant for reentering the United States after having been removed as an illegal alien.  In affirming, the court held that the district court did not err in relying on a summary of the indictment in a presentence investigation report, because the defendant's lawyer did not question the accuracy of the summary in the report and the judge could reasonably assume that the defendant's lawyer was satisfied that the summary was accurate.

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