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U.S. v. RODRIGUEZ-RODRIGUEZ

Nos. 03-50146, 03-50147.

364 F.3d 1142 (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.

Attorney(s) appearing for the Case

Lawrence E. Spong, and Deborah J. Rhodes, Assistant United States Attorneys, San Diego, CA, for the plaintiff-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.

TROTT, Circuit Judge:

Jorge Rodriguez-Rodriguez ("Rodriguez") was convicted of one count of illegal entry under 8 U.S.C. § 1326 and sentenced to twenty-one months in custody. The United States ("government") appeals the sentencing judge's application of United States Sentencing Guideline (U.S.S.G.) § 2L1.2(b)(1)(A), arguing that Rodriguez's prior burglary constitutes a "crime of violence." Rodriguez cross-appeals, arguing that (1) the government's failure...

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