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U.S. v. HERNANDEZ-VALDOVINOS

No. 02-10671.

352 F.3d 1243 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Justo HERNANDEZ-VALDOVINOS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed December 17, 2003.

Attorney(s) appearing for the Case

Christopher R. Kilburn, Assistant Federal Public Defender, Tucson, Arizona, for the defendant-appellant.

Anne E. Gannon, Assistant United States Attorney, Tucson, Arizona, for the plaintiff-appellee.

Before: Procter HUG, Jr., BETTY B. FLETCHER, and A. WALLACE TASHIMA, Circuit Judges.

Argued and Submitted October 10, 2003 — San Francisco, California.

OPINION

TASHIMA, Circuit Judge:

Justo Hernandez-Valdovinos ("Hernandez") appeals the judgment of the district court sentencing him to 30 months' imprisonment following his guilty plea to reentry after deportation, in violation of 8 U.S.C. § 1326(a). Hernandez contends that the district court erred in classifying his prior felony offense as an aggravated felony and in applying...

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