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U.S. v. SANDOVAL

No. 03-30486.

390 F.3d 1077 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Alberto SANDOVAL, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 19, 2004.

Ordered Published November 19, 2004.

Attorney(s) appearing for the Case

Anne Walstrom, Federal Defenders of Eastern Washington and Idaho, Yakima, WA, for the appellant.

James P. Hagarty, Office of the United States Attorney, Yakima, WA, for the appellee.

Before: HALL, KLEINFELD, and CALLAHAN, Circuit Judges.

HALL, Senior Circuit Judge:

Jose Alberto Sandoval pleaded guilty to being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). He challenges the district court's denial of his motion to suppress the evidence. He also challenges his sentence. We affirm the denial of the motion to suppress the evidence, but remand for resentencing because the sentence enhancement was based on an incorrect judgment that Sandoval's prior guilty plea to third...

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