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U.S. v. CASTANEDA-MARQUEZ

No. CR 04-593 JB.

374 F.Supp.2d 946 (2004)

UNITED STATES of America, Plaintiff, v. Refugio CASTANEDA-MARQUEZ, Defendant.

United States District Court, D. New Mexico.

December 3, 2004.

Attorney(s) appearing for the Case

David C. Iglesias, United States Attorney for the District of New Mexico, Alfred Juarez Perez, Assistant United States Attorney, Las Cruces, NM, for the United States.

Herman E. Ortiz, Garfield, NM, for the Defendant.

MEMORANDUM OPINION

BROWNING, District Judge.

THIS MATTER comes before the Court on the United States' argument during Sentencing of Refugio Castaneda-Marquez on September 21, 2004 regarding the appropriate base offense level enhancement. The primary issue is whether the Defendant's prior conviction of simple possession of marihuana warrants a base-level increase of 8 as an "aggravated felony", pursuant to the United States Sentencing...

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