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U.S. v. HERNANDEZ-RODRIGUEZ

No. 04-4026.

388 F.3d 779 (2004)

UNITED STATES of America, Petitioner-Appellee, v. Juan HERNANDEZ-RODRIGUEZ, aka Antonio Diaz-Dolotreo, aka Juan H. Rodriguez, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

November 12, 2004.

Attorney(s) appearing for the Case

Submitted on the briefs. Wayne T. Dance, Assistant United States Attorney (Paul M. Warner, United States Attorney, with him on the briefs), Salt Lake City, Utah, for Plaintiff-Appellee.

Hakeem Ishola, Ishola & Associates, P.C., Salt Lake City, Utah, for Defendant-Appellant.

Before KELLY, HENRY, and TYMKOVICH, Circuit Judges.

HENRY, Circuit Judge.

After examining the briefs and appellate record, this panel has determined unanimously to decide this case on the briefs without oral argument. See FED. R.App. P. 34(f); 10TH CIR. R. 34.1(G). The case is therefore ordered submitted without oral argument.

At the end of the day, we are asked to determine whether a state misdemeanor conviction for attempted riot is an aggravated felony for...

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