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U.S. v. CRUZ-GUERRERO

No. 98-30290.

194 F.3d 1029 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Oscar CRUZ-GUERRERO, aka Oscar Cruz, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided October 18, 1999.

Attorney(s) appearing for the Case

F. Richard Curtner, Federal Defender, Anchorage, Alaska, for the defendant-appellant.

William C. Brown, Department of Justice, Washington, D.C., for the plaintiff-appellee.

Before: GOODWIN and SCHROEDER, Circuit Judges, and SCHWARZER, District Judge.

SCHROEDER, Circuit Judge:

This is a sentencing appeal following Oscar Cruz-Guerrero's conviction for reentry after deportation in violation of 8 U.S.C. § 1326(a). We must decide whether, after Jones v. United States, 526 U.S. 227, 119 S.Ct. 1215, 143 L.Ed.2d 311 (1999), appellant's prior California conviction and five-year enhanced sentence for involuntary manslaughter was an "aggravated felony" justifying the district court...

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