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U.S. v. MEDINA-MAELLA

No. 02-50215.

351 F.3d 944 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Cosme MEDINA-MAELLA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed December 10, 2003.

Attorney(s) appearing for the Case

Michael Petrik, Jr., Federal Defenders of San Diego, Inc., San Diego, California, for the appellant.

Carol C. Lam, Bruce R. Castetter, Mi Yung C. Park, Office of the U.S. Attorney, San Diego, California, for the appellee.

Before: Harry PREGERSON, A. Wallace TASHIMA, and Richard R. CLIFTON, Circuit Judges.

Submitted December 3, 2003* — Pasadena, California.

OPINION

CLIFTON, Circuit Judge.

This case presents the question of whether a prior felony conviction for lewd or lascivious acts upon a child under the age of 14 years, under California Penal Code § 288, constitutes a conviction for a "crime of violence" under the Federal Sentencing Guidelines provision governing sentences for unlawful re-entry into the United...

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