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U.S. v. RIVERA-SANCHEZ

No. 99-10275.

247 F.3d 905 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Javier RIVERA-SANCHEZ, a/k/a Jose Sanchez, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed April 18, 2001.

Attorney(s) appearing for the Case

Bram Jacobson, Assistant Federal Public Defender, Phoenix, Arizona, for the appellant.

Virginia C. Kelly, Assistant United States Attorney, Tucson, Arizona, and Tim Holtzen, Assistant United States Attorney, Phoenix, Arizona, for the appellee.

Steven F. Hubachek, Federal Defenders of San Diego, Inc., San Diego, California, for the amici curiae.

Before: Mary M. SCHROEDER, Chief Judge; and Betty B. FLETCHER, Stephen REINHARDT, Alex KOZINSKI, Diarmuid F. O'SCANNLAIN, STEPHEN S. TROTT, Thomas G. NELSON, Sidney R. THOMAS, Susan P. GRABER, M. Margaret McKEOWN and Richard C. TALLMAN, Circuit Judges.

Argued and Submitted December 18, 2000 — San Francisco, California.

Opinion by Judge Thomas.

THOMAS, Circuit Judge:

We considered this appeal en banc to determine whether a violation of California Health and Safety Code § 11360(a) constitutes an aggravated felony for the purposes of sentencing pursuant to United States Sentencing Guidelines ("U.S.S.G.") § 2L1.2(b)(1)(A). We conclude...

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