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U.S. v. VALERIO

No. 04-10192.

441 F.3d 837 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Nathan VALERIO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 28, 2006.

Attorney(s) appearing for the Case

Arthur L. Allen, Assistant Federal Public Defender, Las Vegas, NV, for the appellant.

Brian J. Quarles, Assistant United States Attorney, Las Vegas, NV, for the appellee.

Before DOROTHY W. NELSON, ANDREW J. KLEINFELD, and RONALD M. GOULD, Circuit Judges.

KLEINFELD, Circuit Judge.

We must decide whether a person has a "conviction" for purposes of the federal felon in possession of a firearm statute, under a New Mexico deferred sentence procedure. There are also evidentiary issues.

Facts

The Las Vegas Metropolitan Police Department sent an undercover informant to Valerio's home to try to buy a gun from him. The informant, who was surreptitiously recording their conversation, told Valerio that he was...

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