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U.S. v. VERDUZCO

No. 02-50353.

330 F.3d 1182 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Hector VERDUZCO, aka Andres Juan Gutierrez, Jr., aka John Doe, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed May 30, 2003.

Attorney(s) appearing for the Case

Dennis J. Landin, Chief Deputy Federal Public Defender, Los Angeles, CA, for the defendant-appellant.

Mark C. Krause, Assistant United States Attorney, Los Angeles, CA, for the plaintiff-appellee.

Before PREGERSON, TASHIMA, and CLIFTON, Circuit Judges.

TASHIMA, Circuit Judge.

Appellant Hector Verduzco appeals from a judgment of the district court, sentencing him to 15 months' imprisonment for violating his supervised release. The question we must decide is whether the district court can consider a state conviction resulting from a nolo contendere plea as probative of a charge that a supervised releasee violated the terms of his release that he not commit "another ... crime." We have answered the question in the...

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