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U.S. v. GONZALEZ

No. 03-30256.

365 F.3d 796 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Delfino Lomeli GONZALEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed April 22, 2004.

Attorney(s) appearing for the Case

Laura Graser, Portland, OR, for appellant Delfino Lomeli Gonzalez.

Karin Immergut, J. Russell Ratto, U.S. Attorney's Office, Portland, OR, for appellee United States of America.

Before: GOODWIN, McKEOWN, and FISHER, Circuit Judges.

McKEOWN, Circuit Judge:

This appeal arises out of the district court's decision to sentence Delfino Lomeli Gonzalez to imprisonment rather than special probation, in the face of Gonzalez's claim that a non-probationary sentence would have a potential negative impact on his immigration status. The sole issue Gonzalez raises on appeal is whether the district court plainly erred by applying the "preponderance of the evidence" rather

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