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U.S. v. SOBERANES

No. 02-10483.

318 F.3d 959 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Francisco Javier SOBERANES, aka Rolando Meza, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed February 10, 2003.

Attorney(s) appearing for the Case

Grant R. Bashore, Assistant Federal Public Defender, Tucson, AZ, for the defendant-appellant.

Christina M. Cabanillas, Deputy Chief, and Anne E. Mosher, Assistant U.S. Attorney, Tucson, AZ, for the plaintiff-appellee.

Before: HUG, ALARCÓN, and GRABER, Circuit Judges.

GRABER, Circuit Judge.

In this prosecution for unlawful reentry by a deported alien, we must decide whether a prior conviction for attempted possession of more than eight pounds of marijuana is an "aggravated felony" within the meaning of U.S.S.G. § 2L1.2(b)(1)(C), after its amendment on November 1, 2001. We answer that question "yes" and, accordingly, affirm the district court's use of the eight-level sentencing enhancement.

FACTUAL AND PROCEDURAL HISTORY...

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