U.S. v. YANEZ SAUCEDO

No. 00-50606.

295 F.3d 991 (2002)

UNITED STATES Court of Appeals, Plaintiff-Appellee, v. Jose Antonio YANEZ-SAUCEDO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 8, 2002.


Attorney(s) appearing for the Case

Heather M. Angove, and Vincent J. Brunkow, Federal Defenders of San Diego, Inc., San Diego, CA, for the appellant.

Patrick K. O'Toole, United States Attorney, Roger W. Haines, Jr., Assistant United States Attorney, San Diego, CA, for the appellee.

Before BRIGHT, KOZINSKI, and W. FLETCHER, Circuit Judges.


OPINION

BRIGHT, Circuit Judge.

In this appeal, Jose Antonio Yanez-Saucedo argues that the district court erred in concluding that his conviction for third-degree rape under Wash. Rev.Code § 9A.44.060 constituted an aggravated felony for sentencing enhancement purposes under U.S.S.G. § 2L1.2 (2000).1 He also argues that his enhanced sentence violates Apprendi v. New Jersey, 530 U.S. 466

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