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U.S. v. MENDOZA-MORALES

No. 02-10659.

347 F.3d 772 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Hector MENDOZA-MORALES, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed October 21, 2003.

Attorney(s) appearing for the Case

Jason F. Carr, Las Vegas, Nevada, was on the briefs for the defendant-appellant.

Robert A. Bork, Las Vegas, Nevada, was on the briefs for the plaintiff-appellee.

Before: Diarmuid F. O'SCANNLAIN and A. Wallace TASHIMA, Circuit Judges, and A. Howard MATZ, District Judge.

Submitted September 12, 2003* — San Francisco, California.

MATZ, District Judge:

I.

INTRODUCTION

The question presented in this appeal is whether, in calculating a convicted defendant's criminal history under Section 4A1.1 of the Guidelines Manual of the United States Sentencing Commission ("Guidelines"), the court must classify a prior state criminal sentence...

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