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U.S. v. GOMEZ-MENDEZ

No. 05-50729.

486 F.3d 599 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Alejandro GOMEZ-MENDEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed May 14, 2007.

Attorney(s) appearing for the Case

Benjamin L. Coleman, San Diego, CA, argued the cause for the defendant-appellant, and filed briefs.

Joseph S. Green, Assistant U.S. Attorney, San Diego, CA, argued the cause for the plaintiff-appellee; Carol C. Lam, U.S. Attorney, and Roger W. Haines, Jr., Assistant U.S. Attorney Chief, Appellate Section, Criminal Division, were on the brief.

Before: ALEX KOZINSKI, DIARMUID F. O'SCANNLAIN, and JAY S. BYBEE, Circuit Judges.

O'SCANNLAIN, Circuit Judge.

We are asked to decide whether a defendant's prior California conviction for unlawful sexual intercourse with a minor qualifies as a "crime of violence" under the federal Sentencing Guidelines.

I

On March 1, 2005, a U.S. Border Patrol agent found Alejandro Gomez-Mendez near the San Ysidro, California, Port of Entry. Gomez-Mendez was arrested after admitting that he was a citizen and national of Mexico and present in the...

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