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U.S. v. NAVIDAD-MARCOS

No. 03-10234.

367 F.3d 903 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Luis NAVIDAD-MARCOS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed May 5, 2004.

Attorney(s) appearing for the Case

Michael Powell and Fredilyn Sison, Assistant Federal Public Defenders, Reno, NV, for the appellant.

Brian Sullivan and Ronald C. Rachow, Assistant United States Attorneys, Reno, NV, for the appellee.

Before: WALLACE, KOZINSKI, and THOMAS, Circuit Judges.

THOMAS, Circuit Judge:

Jose Luis Navidad-Marcos appeals the district court's enhancement of his offense level by 16 levels pursuant to U.S.S.G. § 2L1.2(b)(1)(A)(i) on account of his 1994 conviction in violation of California Health and Safety Code § 11379(a). We vacate the sentence and remand for resentencing.

I

Mexican citizen Navidad-Marcos was arrested by police officers in Reno, Nevada, for trafficking in controlled substances. He was...

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