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U.S. v. RODRIGUEZ-GUZMAN

No. 06-10585.

506 F.3d 738 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Javier RODRIGUEZ-GUZMAN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed October 22, 2007.

Attorney(s) appearing for the Case

Franny Forsman, Federal Public Defender, Michael K. Powell (argued), Assistant Public Defender, Reno, NV, for the defendant-appellant.

Daniel G. Bogden, United States Attorney, Brian L. Sullivan, Robert A. Bork (argued) Assistant United States Attorneys, and Robert L. Ellman, Appellate Chief, Reno, NV, for the plaintiff-appellee.

Before: B. FLETCHER, EUGENE E. SILER, and MICHAEL D. HAWKINS, Circuit Judges.

BETTY B. FLETCHER, Circuit Judge:

Defendant-Appellant Javier Rodriguez-Guzman challenges his sentence on the ground that the district court improperly applied a 16-level enhancement based on a prior conviction for statutory rape under section 261.5(c) of the California Penal Code. The district court held that Guzman's conviction under section 261.5(c) qualified as a per se "crime of violence" as defined by United States Sentencing Guidelines, U.S.S.G. §...

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