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U.S. v. ESPINOZA-CANO

No. 05-10339.

456 F.3d 1126 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Juan ESPINOZA-CANO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 8, 2006.

Attorney(s) appearing for the Case

Josh Cohen, Assistant Federal Public Defender, San Francisco, CA, for the defendant-appellant.

Robert David Rees, Assistant United States Attorney, San Francisco, CA, for the plaintiff-appellee.

Before: THOMPSON and CALLAHAN, Circuit Judges, and MILLER, District Judge.

MILLER, District Judge:

Defendant Juan Espinoza-Cano appeals his conviction and sentence in the district court for illegal re-entry into the United States following deportation, in violation of 8 U.S.C. § 1326(b). This appeal requires us to address two provisions of the advisory U.S. Sentencing Guidelines ("Guidelines"). Under section 2L1.2(b)(1)(C) of the Guidelines, the district court, when calculating the Guideline range for a § 1326 conviction, must...

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