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U.S. v. RODRIGUEZ-RODRIGUEZ

Nos. 03-50146, 03-50147.

393 F.3d 849 (2004)

UNITED STATES of America, Plaintiff-Appellant, v. Jorge RODRIGUEZ-RODRIGUEZ, Defendant-Appellee. United States of America, Plaintiff-Appellee, v. Jorge Rodriguez-Rodriguez, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed April 20, 2004.

Amended January 5, 2005.

Attorney(s) appearing for the Case

Carol C. Lam, United States Attorney, Deborah J. Rhodes, Assistant U.S. Attorney (on the brief), Lawrence E. Spong, Assistant U.S. Attorney (at oral argument), United States Attorney's Office, San Diego, CA, for the plaintiff-appellant/cross-appellee.

Steven F. Hubacheck and Vincent J. Brunkow, Federal Defenders of San Diego, Inc., San Diego, CA, for the defendant-appellee/cross-appellant.

Before HALL, TROTT, and CALLAHAN, Circuit Judges.

ORDER

TROTT, Circuit Judge:

The Opinion filed April 20, 2004, and appearing at 364 F.3d 1142 (9th Cir.2004) is amended as follows. Replace Section D with the following:

D. Sentencing

The sentencing judge's application of the Sentencing Guidelines, including whether a prior conviction is a "crime of violence" or an "aggravated felony" for the purposes of U.S.S.G. § 2L1.2, is reviewed de novo. United...

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