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U.S. v. LEAL-VEGA

No. 11-50065.

680 F.3d 1160 (2012)

UNITED STATES of America, Plaintiff-Appellant, v. Jose David LEAL-VEGA, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed May 30, 2012.

Attorney(s) appearing for the Case

Peter William Baldwin, Curtis Arthur Kin, and Jean-Claude Andre (argued), Office of the United States Attorney, Los Angeles, CA, for plaintiff-appellant United States of America.

Carlton Gunn (argued), Kaye McLane & Bednarski, LLP, Pasadena, CA, for defendant-appellee Jose Leal-Vega.

Before: ANDREW J. KLEINFELD and MILAN D. SMITH, JR., Circuit Judges, and ALGENON L. MARBLEY, District Judge.

OPINION

M. SMITH, Circuit Judge:

The United States of America (Government) appeals the thirty-months sentence imposed on Jose Leal-Vega for illegal reentry following deportation. The district court declined to apply a sixteen-level enhancement pursuant to United States Sentencing Guidelines, U.S.S.G. § 2L1.2, for Leal-Vega's prior conviction under California Health & Safety Code § 11351. The Government contends that the sixteen-level enhancement...

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