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U.S. v. MARTINEZ-MARTINEZ

No. 06-10015.

468 F.3d 604 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Pedro MARTINEZ-MARTINEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed November 14, 2006.

Attorney(s) appearing for the Case

Roger H. Sigal, Law Offices Roger H. Sigal, Tucson, AZ, for the defendant-appellant.

Elizabeth Berenguer, Assistant United States Attorney, Tucson, AZ, for the plaintiff-appellee.

Before PAMELA ANN RYMER and SIDNEY R. THOMAS, Circuit Judges, and STEPHEN G. LARSON, District Judge.

OPINION

LARSON, District Judge.

Pedro Martinez-Martinez pled guilty to illegal reentry into the United States after being deported following a conviction for a felony and was sentenced to forty-six months in federal prison. This case presents the question of whether, in computing Martinez-Martinez's prison sentence, the district court erred in treating Martinez-Martinez's prior state-court conviction in Arizona for discharging a firearm at a residential...

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