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U.S. v. BELTRAN-MUNGUIA

No. 06-30118.

489 F.3d 1042 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Candelario Silvestre BELTRAN-MUNGUIA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 7, 2007.

Attorney(s) appearing for the Case

Kathleen Moran, Federal Defenders of Eastern Washington & Idaho, Spokane, WA, for the defendant-appellant.

James A. McDevitt, Acting United States Attorney for the Eastern District of Washington, Spokane, WA; Pamela J. Byerly, Assistant United States Attorney, Spokane, WA, for the plaintiff-appellee.

Before PAMELA ANN RYMER, MARSHA S. BERZON, and RICHARD C. TALLMAN, Circuit Judges.

OPINION

BERZON, Circuit Judge:

Candelario Silvestre Beltran-Munguia pleaded guilty, under 8 U.S.C. § 1326, to unlawful reentry into the United States. Sentences for that offense are governed by United States Sentencing Guideline § 2L1.2. This case presents the question whether a prior felony conviction under Oregon Revised Statute (ORS) section 163.425 for sexual abuse in the second degree qualifies as a "crime of violence" for purposes of that...

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