U.S. v. BALLESTEROS-RUIZ

No. 02-10273.

319 F.3d 1101 (2003)

UNITED STATES of America, Plaintiff-Appellant, v. Manuel BALLESTEROS-RUIZ, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed February 10, 2003.


Attorney(s) appearing for the Case

Linda C. Boone, Assistant U.S. Attorney, Phoenix, AZ, for the plaintiff-appellant.

Atmore L. Baggot, Apache Junction, AZ, for the defendant-appellee.

Before HUG, ALARCÓN, and GRABER, Circuit Judges.


GRABER, Circuit Judge.

Defendant Manuel Ballesteros-Ruiz was convicted of unlawful reentry by a deported alien, in violation of 8 U.S.C. § 1326(a). The district court held that Defendant's prior Arizona conviction for possession of marijuana was not an aggravated felony within the meaning of U.S.S.G. § 2L1.2 and, therefore, refused to apply an eight-level enhancement to Defendant's sentence. The government appeals that sentencing decision, and we affirm...

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