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U.S. v. VIDAL

No. 04-50185.

426 F.3d 1011 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Juan Jose VIDAL, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Submission Vacated and Deferred February 22, 2005.

Resubmitted and Filed October 24, 2005.

Attorney(s) appearing for the Case

Siri Shetty, San Diego, CA, for the defendant-appellant.

Carol C. Lam, United States Attorney; Mark R. Rehe, Assistant U.S. Attorney; United States Attorney's Office, San Diego, CA, for the plaintiff-appellee.

Before: BROWNING, MAGILL, and RYMER, Circuit Judges.

RYMER, Circuit Judge.

Juan Jose Vidal appeals from his sentence for being a deported alien found in the United States, in violation of 8 U.S.C. § 1326. Vidal challenges the eight-level enhancement to his sentence resulting from the district court's conclusion that his conviction for the unlawful taking of a vehicle, in violation of California Vehicle Code § 10851(a), constitutes an aggravated felony under United States Sentencing Guideline § 2L1.2(b...

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