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U.S. v. IBARRA-GALINDO

No. 99-30090.

206 F.3d 1337 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Ernesto IBARRA-GALINDO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 27, 2000.

Attorney(s) appearing for the Case

Michael Filipovic, Assistant Federal Public Defender (argued), Seattle, Washington, for the defendant-appellant.

Helen J. Brunner (argued), Assistant United States Attorney, Seattle, Washington, for the plaintiff-appellee.

Before: CANBY, BRUNETTI, and O'SCANNLAIN, Circuit Judges.

Opinion by Judge O'SCANNLAIN; Dissent by Judge CANBY.

O'SCANNLAIN, Circuit Judge:

We must decide whether a state felony drug crime, which would not be a felony under federal law, nevertheless may constitute an "aggravated felony" for purposes of enhancing a sentence for illegally reentering the United States.

I

Ernesto Ibarra-Galindo, a native and citizen of Mexico, appeals the district court's decision to apply, pursuant to United States...

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