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U.S. v. RAMIREZ

No. 02-50018.

347 F.3d 792 (2003)

UNITED STATES of America, Plaintiff-Appellant, v. Giovanni RAMIREZ, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed October 24, 2003.

Attorney(s) appearing for the Case

Judith A. Heinz, Assistant United States Attorney, Los Angeles, California, for the plaintiff-appellant.

C.R. McReynolds (argued), Charles T. Matthews, Pasadena, California, for defendant-appellee.

Before: Warren J. Ferguson, Cynthia Holcomb Hall, and Marsha S. Berzon, Circuit Judges.

Argued and Submitted February 3, 2003 — Pasadena, California.

Opinion by Judge FERGUSON; Partial Concurrence and Partial Dissent by Judge CYNTHIA HOLCOMB HALL.

OPINION

FERGUSON, Senior Circuit Judge.

This appeal presents the issue of whether a temporary detention ordered by the California Youth Authority Youth Offender Parole Board may be treated as either a prior sentence or a constructive parole revocation for the purpose of calculating...

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