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U.S. v. VALENCIA-BARRAGAN

No. 09-50018.

600 F.3d 1132 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Jose VALENCIA-BARRAGAN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed April 6, 2010.

Attorney(s) appearing for the Case

Steven F. Hubachek, Federal Defenders of San Diego, Inc., San Diego, CA, for the defendant-appellant.

David P. Curnow, Steve Miller (argued), Assistant United States Attorneys, 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:

Jose Valencia-Barragan appeals his forty-one month sentence for attempted reentry into the United States after removal in violation of 8 U.S.C. § 1326. That sentence includes a sixteen-level increase in offense level for a prior conviction under Revised Code of Washington section 9A.44.076(1) ("section 9A.44.076(1)"), which criminalizes the rape of a child who is twelve or thirteen years old. Wash. Rev. Code § 9A.44.076(1)...

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