United States v. Hernandez-Noriega

F I L E D United States Court of Appeals Tenth Circuit UNITED STATES COURT OF APPEALS November 10, 2005 TENTH CIRCUIT Clerk of Court UNITED STATES OF AMERICA, Plaintiff-Appellee, No. 04-5037 v. (N.D. Okla.) JORGE HERNANDEZ-NORIEGA, (03-CR-17-K) Defendant-Appellant. ORDER ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES Before KELLY, HENRY, and TYMKOVICH, Circuit Judges. Jorge Hernandez-Noriega contends that the district court committed plain non-constitutional sentencing error when it applied a sixteen-level enhancement under USSG § 2L1.2(a) to his offense level, as required at the time…