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U.S. v. PIMENTEL-FLORES

No. 02-10353.

339 F.3d 959 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Gilberto PIMENTEL-FLORES, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 11, 2003.

Attorney(s) appearing for the Case

Deirdre M. Mokos and Brian I. Rademacher, Assistant Federal Public Defenders, Tucson, AZ, for the defendant-appellant.

Maria S. Davila, Assistant United States Attorney, Tucson, AZ, for the plaintiff-appellee.

Before: D.W. NELSON and W. FLETCHER, Circuit Judges, and ALSUP, District Judge.

ALSUP, District Judge.

This appeal requires an interpretation of the 2001 amendment to United States Sentencing Guideline § 2L1.2. The question is whether the term "crime of violence" as defined in the new guideline is limited to "aggravated felonies" within the meaning of 8 U.S.C. § 1101(a)(43). Based on the plain meaning of the guideline and its application note, we hold that a "crime of violence" under the new guideline need not be an "aggravated felony...

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