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U.S. v. FUENTES-BARAHONA

No. 95-50307.

111 F.3d 651 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Mario Roberto FUENTES-BARAHONA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Submission Deferred March 7, 1996.

Resubmitted November 4, 1996.

Memorandum filed November 22, 1996.

Memorandum withdrawn April 9, 1997.

Decided April 9, 1997.

Attorney(s) appearing for the Case

Ronald L. Cheng, Assistant United States Attorney, Los Angeles, CA, for plaintiff-appellee.

Maria E. Stratton, Federal Public Defender, Los Angeles, CA, for defendant-appellant.

Before: PREGERSON and T.G. NELSON, Circuit Judges, and LYNCH, District Judge.

OPINION

PER CURIAM:

Appellant Mario Roberto Fuentes-Barahona ("Fuentes") appeals his eighty-month sentence for illegal reentry under 8 U.S.C. § 1326(b)(1). The district court enhanced Fuentes's base offense level by sixteen levels because the court believed that his 1984 state court conviction was a "crime of violence" that qualified as an "aggravated felony" under U.S.S.G. § 2L1.2(b)(2). Fuentes argues that the district court erred because U.S...

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