Cases

HOLMES, Circuit Judge, concurring. I agree with the majority that the district court did not clearly err in finding Mr. Altamirano-Quintero ineligible for safety valve relief. More specifically, I agree with the majority’s reasoning in Sections 11(A) and 11(C) and concur in the judgment. I am, however, troubled by Section 11(B) of the majority opinion. There, the majority addresses whether Mr. Altamirano-Q

MEMORANDUM ** Rogelio Altamirano-Ortiz appeals from his 57-month sentence imposed following his guilty plea to being a deported alien found in the United States after deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm and remand. Altamirano-Ortiz contends that pursuant to Shepard v. United States, 544 U.S.

MEMORANDUM ** Jose Luis Altamirano-Vargas appeals the judgment of conviction following a bench-trial, and his sentence for illegally reentering the United States following deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm. Altamirano-Vargas contends that the district court should have determined that his significantly reduced

PER CURIAM.* Rigoberto Altamirano-Lopez appeals the sentence imposed following his guilty plea conviction of being found in the United States after deportation/removal in violation of 8 U.S.C. § 1326. AltamiranoLopez complains that his sentence was improperly enhanced pursuant to 8 U.S.C. § 1326(b) based on a prior conviction. Chavez contends 8 U.S.C. § 1326(b) is unconstitutional. Altamirano-Lop

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 93-2016 UNITED STATES OF AMERICA, Plaintiff-Appellee, versus MICHAEL RAY ALTAMIRANO, Defendant-Appellant. Appeal from the United States District Court for the Southern District of Texas ( Decembe

C. A. 10th Cir. Certiorari denied.

Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. Same case below, 379 Fed. Appx. 764.

C. A. 9th Cir. Certiorari denied.

C. A. 10th Cir. Certiorari denied.

540 U.S. 920 ALTAMIRANOv.UNITED STATES. No. 03-5639. Supreme Court of United States. October 6, 2003. 1 Appeal from the C. A. 10th Cir. 2 Certiorari denied. Reported below: 62 Fed.

C. A. 10th Cir. Certiorari denied.

541 U.S. 983 ALTAMIRANO-VARGASv.UNITED STATES. No. 03-9319. Supreme Court of United States. April 5, 2004. 1 C. A. 9th Cir. Certiorari denied. Reported below: 83 Fed. Appx. 936.

C. A. 9th Cir. Certiorari denied.

C. A. 10th Cir. Certiorari denied.

C. A. 10th Cir. Certiorari denied.

C. A. 9th Cir. Certiorari denied.

C. A. 5th Cir. Certiorari denied.

C. A. 9th Cir. Certiorari denied.

C. A. 5th Cir. Certiorari denied.

166 F.3d 348 98 CJ C.A.R. 6026 NOTICE: Although citation of unpublished opinions remains unfavored, unpublished opinions may now be cited if the opinion has persuasive value on a material issue, and a copy is attached to the citing document or, if cited in oral argument, copies are furnished to the Court and all parties. See General Order of November 29, 1993, suspending 10th Cir. Rule 36.3 until December 31, 1995,