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U.S. v. GOMEZ-LEON

No. 05-50138.

545 F.3d 777 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Javier GOMEZ-LEON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 24, 2008.

Attorney(s) appearing for the Case

Lynn H. Ball, Law Office of Lynn H. Ball, San Diego, CA, for the defendant-appellant.

Timothy F. Salel, Assistant United States Attorney, San Diego, CA, for the plaintiff-appellee.

Opinion by Judge GIBSON; Partial Concurrence and Partial Dissent by Judge O'SCANNLAIN.

GIBSON, Circuit Judge:

Javier Gomez-Leon was found guilty by the district court of attempted entry into the United States after deportation, 8 U.S.C. § 1326, following a non-jury trial. The district court sentenced Gomez to 84 months' imprisonment based on an advisory Guidelines range of 84-105 months. The district court arrived at that advisory range by beginning with a base offense level of eight, applying a sixteen-level enhancement under U.S.S.G. § 2L1...

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