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U.S. v. CASAREZ-BRAVO

No. 98-50450.

181 F.3d 1074 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Abel CASAREZ-BRAVO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 22, 1999.

Attorney(s) appearing for the Case

Steven F. Hubachek, Federal Defenders of San Diego, Inc., San Diego, California, Nancy G. Kendall, San Diego, California, for the defendant-appellant.

Paul C. Johnson, Jr., Assistant United States Attorney, San Diego, California, for the plaintiff-appellee.

Before: BROWNING, THOMAS and WARDLAW, Circuit Judges.

THOMAS, Circuit Judge:

Abel Casarez-Bravo claims that the district court improperly sentenced him as a career offender under the United States Sentencing Guidelines based on non-qualifying predicate convictions under California law for "sale/transportation of marijuana." We agree and vacate the sentence imposed by the district court.

I

Border patrol officers arrested Casarez-Bravo in Jacumba, California, after they discovered that the jeep he was...

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