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U.S. v. FRANCO-FLORES

No. 08-10101.

558 F.3d 978 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Nicolas FRANCO-FLORES, aka Nico, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 9, 2009.

Attorney(s) appearing for the Case

Michael K. Powell and Dan C. Maloney, Federal Public Defender's Office for the District of Nevada, Reno, NV, for the defendant-appellant.

Elizabeth A. Olson, Assistant United States Attorney, United States Attorney's Office for the District of Nevada, Reno, NV, for the plaintiff-appellee.

Before: D.W. NELSON, W. FLETCHER and RICHARD C. TALLMAN, Circuit Judges.

D.W. NELSON, Senior Circuit Judge:

Appellant Nicholas Franco-Flores appeals the district court's assessment of prior convictions in calculating his criminal history category.

We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm the district court's ruling.

FACTUAL AND PROCEDURAL BACKGROUND

On September 26, 2006, the grand jury for the U.S. District Court for the District of...

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