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U.S. v. CALDERON ESPINOSA

No. 08-50092.

569 F.3d 1005 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Manuel De Jesus CALDERON ESPINOSA, aka Jesus Espinosa, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 24, 2009.

Attorney(s) appearing for the Case

Jonathan D. Libby, Deputy Federal Public Defender, Los Angeles, CA, for the appellant.

Brock H. Lunsford, Special Assistant United States Attorney, Domestic Security and Immigration Crimes Section, Los Angeles, CA, for the appellee.

Before: HARRY PREGERSON and DOROTHY W. NELSON, Circuit Judges, and JAMES K. SINGLETON, Senior District Judge.

PREGERSON, Circuit Judge:

Manuel De Jesus Calderon-Espinosa ("Calderon") appeals the district court's imposition of a twenty-four month prison sentence after Calderon pleaded guilty to being an illegal alien found in the United States following deportation in violation of 8 U.S.C. § 1326. Calderon contends that the district court erroneously increased his criminal history score because of his 2004 conviction for "Loitering for Drug Activities" in violation of...

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