U.S. v. BOLANOS-HERNANDEZ

No. 06-30406.

492 F.3d 1140 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Jose BOLANOS-HERNANDEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 6, 2007.


Attorney(s) appearing for the Case

Tracy A. Staab, Assistant Federal Public Defender, Spokane, WA, for the defendant-appellant.

Pamela J. Byerly, Assistant United States Attorney, Spokane, WA, for the plaintiff-appellee.

Before: B. FLETCHER, DIARMUID F. O'SCANNLAIN, and A. WALLACE TASHIMA, Circuit Judges.


OPINION

TASHIMA, Circuit Judge:

Jose Bolanos-Hernandez ("Bolanos") appeals the sentence imposed after he pleaded guilty to illegal re-entry into the United States following deportation, in violation of 8 U.S.C. § 1326. He contends that his sentence should be reversed because: (1) his prior conviction for assault with intent to commit rape is not a crime of violence; and (2) the district court improperly found that he was subject to a prior conviction...

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