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U.S. v. SHUMATE

No. 01-50610.

329 F.3d 1026 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Bryan Lynn SHUMATE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed May 20, 2003.

Attorney(s) appearing for the Case

Siri Shetty, Federal Defenders of San Diego, Inc., San Diego, CA, for the defendant-appellant.

Patrick K. O'Toole, United States Attorney (when brief was filed), Carol C. Lam, United States Attorney (when opinion was filed), Mi Yung Claire Park, Assistant U.S. Attorney (on the brief), Pennie M. Carlos, Assistant U.S. Attorney (at oral argument), United States Attorney's Office, San Diego, CA, for the plaintiff-appellee.

Before: BEEZER, FERNANDEZ, and PAEZ, Circuit Judges.

Opinion by Judge FERNANDEZ; Concurring opinion by Judge PAEZ.

OPINION

FERNANDEZ, Circuit Judge:

Bryan Lynn Shumate was convicted by guilty plea and sentenced for importation of marijuana. See 21 U.S.C. §§ 952, 960. The district court used an Oregon drug conviction in deciding that he was a career offender. See USSG § 4B1.1.1 Shumate claims that from a categorical perspective, the conviction...

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