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U.S. v. ROBLES-RODRIGUEZ

No. 01-10193.

281 F.3d 900 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Alejandro ROBLES-RODRIGUEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed February 13, 2002.

Attorney(s) appearing for the Case

Linda C. Boone, Assistant U.S. Attorney, Phoenix, AZ, for the plaintiff-appellee.

James Sun Park, Assistant Federal Public Defender, Phoenix, AZ, for the defendant-appellant.

Before: B. FLETCHER, BOOCHEVER, and FISHER, Circuit Judges.

BOOCHEVER, Circuit Judge.

The question presented is whether a state drug conviction, for which the maximum penalty authorized by state law is probation, can be an "aggravated felony" triggering a sentencing enhancement under § 2L1.2(b)(1)(A) of the 2000 U.S. Sentencing Guidelines Manual ("Guidelines").1 We hold that it cannot.

BACKGROUND

In October 2000, appellant Alejandro Robles-Rodriguez, a citizen of Mexico,...

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