United States v. Reyes Pena
Court of Appeals for the Tenth Circuit
1Opinion of the Court
PAUL KELLY, JR., Circuit Judge.
Defendant-Appellant, Joseph Felix Reyes Pena, appeals from his sentence. He pleaded guilty to two counts of aggravated sexual abuse of a child, 18 U.S.C. §§ 2241(c), 2246(2)(c) and 1153. He was sentenced to a term of imprisonment of 210 months, followed by a 5 year period of supervised release, ordered to pay a $200 fíne, and to make payment of $186 for restitution. On appeal, Mr. Pena argues (1) that the district court impermissibly engaged in “double counting” by enhancing his sentence both for the use of force, U.S.S.G. § 2A3.1(b)(l), and for the victim’s…
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