U.S. v. FLORES-CORDERO

No. 12-10220.

723 F.3d 1085 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Margarito FLORES-CORDERO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Withdrawn from Submission Resubmitted July 12, 2013.

Filed July 25, 2013.


Attorney(s) appearing for the Case

Myrna R. Beards (argued), Law Office of Myrna Rodriguez Beards, Tucson, AZ, for Defendant-Appellant.

John S. Leonardo , United States Attorney, District of Arizona, Christina M. Cabanillas , Appellate Chief, Matthew C. Cassell (argued), Assistant United States Attorney, Tucson, AZ, for Plaintiff-Appellee.

Before: MARY M. SCHROEDER and CONSUELO M. CALLAHAN, Circuit Judges, and SARAH S. VANCE, Chief District Judge.


OPINION

SCHROEDER, Circuit Judge:

The issue in this sentencing appeal is whether the defendant's prior Arizona conviction for resisting arrest is a "crime of violence" that authorized a sixteen-level increase to the base offense level under United States Sentencing Guidelines ("U.S.S.G.") § 2L1.2. On the basis of decisions of the Arizona courts that we must follow in ascertaining the scope of the Arizona criminal...

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