U.S. v. MORENO-CISNEROS

No. 01-30421.

319 F.3d 456 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Carlos MORENO-CISNEROS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed January 31, 2003.


Attorney(s) appearing for the Case

Robert M. Stone, Medford, OR, for the appellant.

Robert G. Thomson, Assistant United States Attorney, Medford, OR, for the appellee.

Before: REAVLEY, KOZINSKI, and W. FLETCHER, Circuit Judges.


Opinion by Judge REAVLEY; Dissent by Judge WILLIAM A. FLETCHER.

REAVLEY, Circuit Judge.

The issue presented in this appeal is whether, under U.S.S.G. § 2L1.2(b)(1), as amended Nov. 1, 2001, the length of the "sentence imposed" for a prior state conviction includes the prison sentence the defendant received after his probation was revoked. We agree with the district court that it does and accordingly affirm.

In 2001 appellant Carlos Moreno-Cisneros...

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