U.S. v. RIOS-BELTRAN

No. 03-30177.

361 F.3d 1204 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Heriberto RIOS-BELTRAN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 24, 2004.


Attorney(s) appearing for the Case

R. Wade Curtis, Belnap & Curtis, PLLC, Boise, ID, for the Defendant-Appellant.

Alan G. Burrow and Kevin T. Maloney, Assistant United States Attorneys, Boise, ID, for the Plaintiff-Appellee.

Before: HUG, GRABER, and CLIFTON, Circuit Judges.


CLIFTON, Circuit Judge:

The issue presented by this case is whether a prior conviction for a criminal offense under Oregon law is properly viewed as punishable by more than one year's imprisonment — and thus treated for federal sentencing purposes as a prior conviction for a "felony" — when the statutory maximum for that offense under Oregon law exceeds one year but the sentence that can be imposed under the Oregon's sentencing guidelines does not.<...

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