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U.S. v. CASTRO

No. 09-50164.

599 F.3d 1050 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Eduardo CASTRO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 26, 2010.

Attorney(s) appearing for the Case

Anthony E. Colombo, Jr., San Diego, CA, for the defendant-appellant.

Steve Miller, Assistant United States Attorney, San Diego, CA, for the plaintiff-appellee.

Before: ALFRED T. GOODWIN, WILLIAM C. CANBY, JR. and RAYMOND C. FISHER, Circuit Judges.

GOODWIN, Senior Circuit Judge:

Eduardo Castro, convicted of attempted reentry into the United States after removal in violation of 8 U.S.C. § 1326, appeals his forty-six month sentence. Castro's sentence includes a sixteen-level increase in offense level for a prior conviction under California Penal Code section 288(c)(1), which criminalizes lewd or lascivious acts on a child of 14 or 15 years by a person at least ten years older than the child. Cal.Penal Code...

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