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U.S. v. SANDOVAL

No. 97-10422.

152 F.3d 1190 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Ezequiel Martinez SANDOVAL, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 21, 1998.

Attorney(s) appearing for the Case

Nicholas P. Humy, Assistant Federal Public Defender, San Jose, California, for defendant-appellant.

Jeffrey D. Nedrow, Assistant United States Attorney, San Jose, California, for plaintiff-appellee.

Before: BRUNETTI, TASHIMA, and GRABER, Circuit Judges.

BRUNETTI, Circuit Judge:

Ezequiel Martinez Sandoval appeals the imposition of a 121-month sentence of imprisonment following his guilty plea to one count of conspiring to possess with the intent to distribute heroin, in violation of 21 U.S.C. § 846. Sandoval contends that the district court erroneously increased his criminal history score based upon his prior conviction for petty theft, an infraction pursuant to California Penal Code § 490.1(a).

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