UNITED STATES of America, Plaintiff-Appellant,
v.
Jorge RODRIGUEZ-RODRIGUEZ, Defendant-Appellee.
United States of America, Plaintiff-Appellee,
v.
Jorge Rodriguez-Rodriguez, Defendant-Appellant.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted March 30, 2004.
Filed April 20, 2004.
Amended January 5, 2005.
Attorney(s) appearing for the Case
Carol C. Lam, United States Attorney, Deborah J. Rhodes, Assistant U.S. Attorney (on the brief), Lawrence E. Spong, Assistant U.S. Attorney (at oral argument), United States Attorney's Office, San Diego, CA, for the plaintiff-appellant/cross-appellee.
Steven F. Hubacheck and Vincent J. Brunkow, Federal Defenders of San Diego, Inc., San Diego, CA, for the defendant-appellee/cross-appellant.
Before HALL, TROTT, and CALLAHAN, Circuit Judges.
United States Court of Appeals, Ninth Circuit.
ORDER
TROTT, Circuit Judge:
The Opinion filed April 20, 2004, and appearing at 364 F.3d 1142 (9th Cir.2004) is amended as follows. Replace Section D with the following:
D. Sentencing
The sentencing judge's application of the Sentencing Guidelines, including whether a prior conviction is a "crime of violence" or an "aggravated felony" for the purposes of U.S.S.G. § 2L1.2, is reviewed de novo. United...
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