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U.S. v. SNELLENBERGER

No. 06-50169.

480 F.3d 1187 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Michael Lee SNELLENBERGER, aka Michael Lee Cutter, Michael Lee Davidson, Robert Eugene Frehly, Cutter Snellenberger, "Cutter", Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Submitted February 13, 2007.

Filed April 3, 2007.

Attorney(s) appearing for the Case

Gail Ivens, Deputy Federal Public Defender, Los Angeles, CA, for the defendant-appellant.

Anne C. Gannon, Assistant United States Attorney, Santa Ana, CA, for the plaintiff-appellee.

Before FERGUSON, EUGENE E. SILER, JR., and HAWKINS, Circuit Judges.

FERGUSON, Circuit Judge.

This case presents the question of whether a minute order, coupled with a charging document, may be sufficient under Shepard v. United States, 544 U.S. 13, 125 S.Ct. 1254, 161 L.Ed.2d 205 (2005), to establish a prior crime of violence for purposes of sentence enhancement. We have previously noted that a minute order is "not a judicial record that can be relied upon" to establish the nature of a prior...

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