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U.S. v. GRAJEDA

No. 07-50387.

581 F.3d 1186 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Gerardo GRAJEDA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 21, 2009.

Attorney(s) appearing for the Case

Vincent J. Brunkow, Federal Defenders of San Diego, Inc., San Diego, CA, for the defendant-appellant.

Karen P. Hewitt, United States Attorney, Bruce R. Castetter, Assistant U.S. Attorney, Chief, Appellate Section, Eugene S. Litvinoff and Mark R. Rehe, Assistant U.S. Attorneys, San Diego, CA, for the plaintiff-appellee.

Before: RAYMOND C. FISHER and RICHARD A. PAEZ, Circuit Judges, and JAMES L. ROBART, District Judge.

PAEZ, Circuit Judge:

Gerardo Grajeda appeals from the 78-month sentence imposed following his plea of guilty to illegal reentry in violation of 8 U.S.C. § 1326. In arriving at this sentence, the district court applied a sixteen-level enhancement to Grajeda's offense level based on a determination that Grajeda had been previously convicted of assault with a deadly weapon or by means likely to produce great bodily injury under California Penal Code section 245...

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