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U.S. v. MORALES-PEREZ

No. 05-10115.

438 F.3d 971 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Rodrigo Alejandro MORALES-PEREZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed February 22, 2006.

Attorney(s) appearing for the Case

Rene L. Valladares, Assistant Federal Public Defender, Las Vegas, NV, for the defendant-appellant.

Robert A. Bork, Assistant U.S. Attorney, Las Vegas, NV, for the plaintiff-appellee.

Opinion by Judge GOODWIN; Dissent by Judge TALLMAN.

GOODWIN, Circuit Judge.

Rodrigo Alejandro Morales-Perez appeals his 70-month sentence for unlawful reentry of a deported alien. Morales-Perez contends that the district court erred in finding that his prior conviction for possession or purchase of cocaine base for purposes of sale is categorically a drug trafficking offense warranting a sixteen level enhancement under United States Sentencing Guideline (U.S.S.G.) § 2L1.2(b)(1)(A). We hold that Morales-Perez's...

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