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U.S. v. MORENO-HERNANDEZ

No. 03-30387.

397 F.3d 1248 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Isidro MORENO-HERNANDEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Submission Withdrawn September 28, 2004.

Resubmitted February 18, 2005.

Filed February 18, 2005.

Attorney(s) appearing for the Case

Robert M. Stone, Medford, OR, for the defendant-appellant.

Karin J. Immergut, United States Attorney, District of Oregon, and Robert G. Thomson (argued), Assistant United States Attorney, Medford, OR, for the plaintiff-appellee.

Before WALLACE, GOULD, and BERZON, Circuit Judges.

BERZON, Circuit Judge.

Once more, we are asked to determine whether a federal defendant's previous state-law conviction is for a "felony that is ... a crime of violence" under section 2L1.2(b)(1)(A)(ii) of the U.S. Sentencing Guidelines ("Guidelines"). See, e.g., United States v. Lopez-Patino, 391 F.3d 1034, 1036-38 (9th Cir.2004) (per curiam); United States v. Contreras-Salas, 387 F.3d 1095

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