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U.S. v. KELLY

No. 04-30074.

422 F.3d 889 (2005)

UNITED STATES of America, Plaintiff-Appellant, v. Nobel J. KELLY, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 6, 2005.

Attorney(s) appearing for the Case

Thomas O. Rice, Office of the United States Attorney, Spokane, WA, for the plaintiff-appellant.

Kimberly Deate, Federal Defenders of Eastern Washington and Idaho, Spokane, WA, for the defendant-appellee.

Before ALARCÓN W. FLETCHER, and RAWLINSON, Circuit Judges.

WILLIAM A. FLETCHER, Circuit Judge.

The government appeals Nobel Kelly's 120-month sentence for possession with intent to distribute over 5 grams of cocaine base. The government contends that the district court erred in finding that Kelly's 1998 Washington state conviction for attempting to elude a police vehicle was not a "crime of violence" under United States Sentencing Guideline (U.S.S.G.) § 4B1.2(a), and therefore not a predicate conviction for the career...

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