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U.S. v. BELTRAN-RIVERA

No. CR 08-2722 JB.

670 F.Supp.2d 1207 (2009)

UNITED STATES of America, Plaintiff, v. Luis BELTRAN-RIVERA, Defendant.

United States District Court, D. New Mexico.

October 7, 2009.

Attorney(s) appearing for the Case

Gregory J. Fouratt, United States Attorney, Mary Catherine McCulloch, Assistant United States Attorney, Albuquerque, NM, for the Plaintiff.

Erlinda O. Johnson, Albuquerque, NM, for the Defendant.

MEMORANDUM OPINION AND ORDER

JAMES O. BROWNING, District Judge.

THIS MATTER comes before the Court on the Defendant's Objection to the Pre-Sentence Report, filed June 11, 2009 (Doc. 25). The Court held a sentencing hearing on September 9, 2009. The primary issue is whether K. S.A. § 21-3716, the statute for attempted aggravated burglary of which Defendant Luis Beltran-Rivera was convicted, is a crime of violence. Because the Kansas...

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