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U.S. v. VALLE-MONTALBO

No. 05-50876.

474 F.3d 1197 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Manuel Jesus VALLE-MONTALBO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed February 2, 2007.

Attorney(s) appearing for the Case

Cristina Gabrielidis, San Diego, CA, for defendant-appellant Manuel Jesus Valle-Montalbo.

Carol C. Lam, United States Attorney for the Southern District of California, San Diego, CA; Roger W. Haines, Jr., Assistant U.S. Attorney, Chief, Appellate Section Criminal Division, San Diego, CA; Richard C. Cheng, Assistant United States Attorney, San Diego, CA, for plaintiff-appellee the United States of America.

Before: FISHER and CALLAHAN, Circuit Judges, and COLLINS, District Judge.

CALLAHAN, Circuit Judge:

INTRODUCTION

Manuel Jesus Valle-Montalbo ("Valle-Montalbo") appeals his sentence for illegal re-entry into the United States after deportation in violation of 8 U.S.C. § 1326. In particular, Valle-Montalbo challenges an enhancement of his sentence under United States Sentencing Guidelines ("U.S.S.G." or "Guidelines") § 2L1.2(b)(1)(A) based on his prior conviction for possessing methamphetamine for sale in violation of California...

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