U.S. v. AVILA-ANGUIANO

No. 09-10160.

609 F.3d 1046 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Marcial AVILA-ANGUIANO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 13, 2010.


Attorney(s) appearing for the Case

Dennis K. Burke, John R. Lopez IV, Joan G. Ruffennach, United States Attorney's Office, Phoenix, AZ, for the plaintiff-appellee.

Jon M. Sands and Saul M. Huerta, Jr., Federal Public Defender, Tucson, AZ, for the defendant-appellant.

Before: ANDREW J. KLEINFELD, A. WALLACE TASHIMA and SIDNEY R. THOMAS, Circuit Judges.


THOMAS, Circuit Judge:

This appeal presents the question, inter alia, as to whether U.S.S.G. § 2K2.4(b) refers to the statute in effect at the time the crime was committed or the one in effect at the time of sentencing. Under the circumstances presented by this case, we conclude that the statute in effect at the time that the crime was committed is the proper one to apply. We affirm the judgment of the district court.

I

On May 9, 2004...

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