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U.S. v. ALBA-FLORES

No. 08-50135.

577 F.3d 1104 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Ben Eduardo ALBA-FLORES, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 18, 2009.

Attorney(s) appearing for the Case

Roseline D. Feral, San Diego, CA; Vincent J. Brunkow, Federal Defenders of San Diego, Inc., San Diego, CA, for the defendant-appellant.

Joseph J.M. Orabona, U.S. Attorney's Office, San Diego, CA, for the plaintiff-appellee.

Opinion by Judge FERNANDEZ; Dissent by Judge KOZINSKI.

FERNANDEZ, Circuit Judge:

Eduardo Alba-Flores appeals his sentence for importation of methamphetamine. See 21 U.S.C. §§ 952, 960. Specifically, he asserts that the district court erred when it determined that he had more than one criminal history point under the United States Sentencing Guidelines because he was serving a term of probation at the time of his federal offense, although probation was terminated before he was sentenced. See USSG...

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