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U.S. v. MEZAS DE JESUS

No. 98-50639.

217 F.3d 638 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Pedro MEZAS DE JESUS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 16, 2000

Attorney(s) appearing for the Case

Monica Knox, Federal Public Defendant, Los Angeles, California, for the defendant-appellant.

Marc R. Greenberg, Assistant United States Attorney, Santa Ana, California, for the plaintiff-appellee.

Before: FLETCHER, PREGERSON, Circuit Judges, and WEINER, Senior District Judge.

PREGERSON, Circuit Judge:

Pedro Mezas de Jesus was convicted in 1998 of being an undocumented immigrant in possession of a firearm in violation of 18 U.S.C. § 922(g)(5). At sentencing, the government argued that Mezas de Jesus committed this offense during a purported, uncharged kidnaping. The sentencing court applied the preponderance of the evidence standard and found that Mezas de Jesus possessed a firearm in connection with a kidnaping. On this basis, the...

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