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U.S. v. BAZA-MARTINEZ

No. 05-10282.

464 F.3d 1010 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Ruben BAZA-MARTINEZ, aka Ruben Baza-Martines, Ruben Baza Martinex, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 26, 2006.

Attorney(s) appearing for the Case

Micaela Portillo, Assistant Federal Public Defender, Tucson, AZ, argued the case for the appellant; Jon M. Sands, Federal Public Defender, and Brian I. Rademacher, Assistant Federal Public Defender, Tucson, AZ, were on the briefs.

Elizabeth Berenguer, Assistant U.S. Attorney, Tucson, AZ, argued the case for the appellee; Paul K. Charlton, United States Attorney, and Christina M. Cabanillas, Appellate Chief, were on the briefs.

Before: B. FLETCHER, BEEZER, and FISHER, Circuit Judges.

BETTY B. FLETCHER, Circuit Judge:

I.

Ruben Baza-Martinez appeals his seventy-month sentence, following his guilty plea to illegal re-entry after deportation, in violation of 8 U.S.C. § 1326. We remand for resentencing.

Baza-Martinez contends that the imposition of a sixteen-level sentencing enhancement was not justified because his prior felony conviction under North Carolina General Statute (N.C.G.S.) § 14-202.1, for taking indecent liberties...

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