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U.S. v. MURILLO

No. 04-30508.

422 F.3d 1152 (2005)

UNITED STATES of America, Plaintiff-Appellant, v. Peter Santos MURILLO, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 9, 2005.

Attorney(s) appearing for the Case

K. Jill Bolton, Assistant United States Attorney, Yakima, WA, for the plaintiff-appellant.

Rebecca L. Pennell, Yakima, WA, for the defendant-appellee.

Before: DAVID R. THOMPSON, NELSON, and WARDLAW, Circuit Judges.

DAVID R. THOMPSON, Circuit Judge:

In this appeal we conclude that, notwithstanding the Supreme Court's decision in Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), in determining whether a Washington state criminal conviction is of a crime punishable by a term exceeding one year for purposes of prosecution under 18 U.S.C. § 922(g)(1) (felon in possession of a firearm), the maximum sentence for...

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