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U.S. v. MORALES-PEREZ

No. 05-10115.

448 F.3d 1158 (2006)

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

United States Court of Appeals, Ninth Circuit.

Filed May 31, 2006.

Attorney(s) appearing for the Case

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

Elizabeth A. Olson, United States Department of Justice, Criminal Division, Washington, DC, for the appellee.

Before GOODWIN, O'SCANNLAIN, and TALLMAN, Circuit Judges.

TALLMAN, Circuit Judge.

Rodrigo Alejandro Morales-Perez ("Morales-Perez") pled guilty to one count of unlawful reentry of a deported alien in violation of 8 U.S.C. § 1326. He appeals his 70-month sentence, arguing that the district court erred when it concluded that his prior conviction under California Health and Safety Code section 11351.5 for possession or purchase of cocaine base with intent to distribute categorically...

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