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U.S. v. HERNANDEZ-HERNANDEZ

No. 02-30429.

374 F.3d 808 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Misael HERNANDEZ-HERNANDEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 30, 2004.

Attorney(s) appearing for the Case

Rebecca L. Pennell, Federal Defenders of Eastern Washington and Idaho, Yakima, WA, for the defendant-appellant.

Jane M. Kirk, Assistant United States Attorney, Yakima, WA, for the plaintiff-appellee.

Before: KLEINFELD, GOULD, and TALLMAN, Circuit Judges.

TALLMAN, Circuit Judge:

Misael Hernandez-Hernandez appeals his sentence following a guilty plea conviction for illegal reentry in violation of 8 U.S.C. § 1326. He challenges a 16-level enhancement for reentry after deportation pursuant to a "crime of violence," contending that (1) the enhancement violates Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), because the government did not charge him...

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