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U.S. v. ASBERRY

No. 04-30009.

394 F.3d 712 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Leo ASBERRY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed January 11, 2005.

Attorney(s) appearing for the Case

Nancy Bergeson, Assistant Federal Public Defender, for the defendant-appellant.

Fredric N. Weinhouse, Assistant United States Attorney, for the plaintiff-appellee.

Before: WALLACE, GOULD, and BEA, Circuit Judges.

GOULD, Circuit Judge:

Leo Asberry, Jr. appeals his sentence for possessing ammunition as a felon, in violation of 18 U.S.C. § 922(g)(1) (2000). On appeal, Asberry challenges district court rulings that: 1) an Oregon conviction for Rape in the Third Degree constituted a "crime of violence" under United States Sentencing Guidelines section 4B1.2(a);1 2) the Rape in the Third Degree conviction and a Delivery of Marijuana for Consideration...

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