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U.S. v. FELIX

No. 07-50173.

561 F.3d 1036 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Joe Raymond FELIX, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed April 13, 2009.

Attorney(s) appearing for the Case

Benjamin P. Lechman (argued), of San Diego, CA, for the defendant-appellant.

Davene L. Finnel (argued), Karen P. Hewitt, and Bruce R. Castetter of San Diego, CA, for the plaintiff-appellee (U.S.Government).

Before: CYNTHIA HOLCOMB HALL, BARRY G. SILVERMAN and CONSUELO M. CALLAHAN, Circuit Judges.

CALLAHAN, Circuit Judge:

Joe Raymond Felix appeals his sentence from a drug conviction. He objects to the district court's consideration of a second misdemeanor conviction, which disqualified him from eligibility for a safety valve sentence, and resulted in a mandatory minimum sentence. First, Felix argues that the district court improperly relied on a computer printout in calculating his criminal history points. Second, he argues that the district court wrongly placed...

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