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U.S. v. GARCIA-GUERRERO

No. 09-50614.

635 F.3d 435 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Ivan Alejandro GARCIA-GUERRERO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed February 18, 2011.

Attorney(s) appearing for the Case

Sherri Walker Hobson , Assistant U.S. Attorney, San Diego, CA, argued the cause for the plaintiff-appellee; Laura A. Duffy , United States Attorney, and Bruce Castetter , Assistant U.S. Attorney, Chief, Appellate Section, Criminal Division, San Diego, CA, were on the briefs.

Martin G. Molina , San Diego, CA, for the appellant-defendant.

Before: HARRY PREGERSON and RICHARD R. CLIFTON, Circuit Judges, and H. RUSSEL HOLLAND, Senior District Judge.

OPINION

HOLLAND, Senior District Judge.

Appellant Ivan Alejandro Garcia-Guerrero challenges his 46-month sentence for smuggling ten gallons of hypophosphorous acid into the United States in violation of 18 U.S.C. § 545. Garcia-Guerrero contends that the district court erred in calculating his base offense level under U.S.S.G. § 2D1.11, via the cross-reference provision of U.S.S.G. § 2T3.1. We have jurisdiction pursuant to 18 U.S.C. §...

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