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U.S. v. GUTIERREZ-RAMIREZ

No. 03-41742.

405 F.3d 352 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Arturo GUTIERREZ-RAMIREZ, a/k/a Rodrigo Vaca, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 5, 2005.

Attorney(s) appearing for the Case

Renata Ann Gowie (argued), James Lee Turner, Asst. U.S. Attys., Houston, TX, for U.S.

Marjorie A. Meyers, Fed. Pub. Def., Richard Bruce Gould, Laura Fletcher Leavitt (argued), Asst. Fed. Pub. Def., Houston TX, for Defendant-Appellant.

Before DAVIS, SMITH and DeMOSS, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

Defendant Arturo Gutierrez-Ramirez (Gutierrez-Ramirez) challenges a 16-level enhancement of his sentence based on a prior conviction for a "drug trafficking offense" as authorized by § 2L1.2 (b)(1)(A)(i) of the United States Sentencing Guidelines ("Guidelines"). We conclude that the district court erred in using a California abstract of judgment to determine whether the defendant's prior California conviction

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