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U.S. v. RAY

No. 06-30466.

484 F.3d 1168 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Victoria L. RAY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed May 3, 2007.

Attorney(s) appearing for the Case

John Rhodes, Assistant Federal Defender, Missoula, MT, for the defendant-appellant.

Timothy J. Racicot, Assistant United States Attorney, Missoula, MT, for the plaintiff-appellee.

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

TASHIMA, Circuit Judge.

Defendant Victoria L. Ray appeals her sentence upon revocation of her supervised release on the ground that United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), established the maximum term of imprisonment, for purposes of determining the maximum term of imprisonment post-revocation, as the high end of the applicable Sentencing Guidelines range, and that her sentence exceeded that...

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