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U.S. v. PARK

No. 09-50609.

649 F.3d 1175 (2011)

UNITED STATES of America, Plaintiff-Appellant, v. Daniel Hyun PARK, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 17, 2011.

Attorney(s) appearing for the Case

Jean-Claude Andre , Assistant U.S. Attorney, Los Angeles, CA, for the plaintiff-appellant.

Adriaan F. Van Der Capellen , Fountain Valley, CA, for the defendant-appellee.

Before: J. CLIFFORD WALLACE and SUSAN P. GRABER, Circuit Judges, and RICHARD MILLS, Senior District Judge.

OPINION

WALLACE, Senior Circuit Judge:

In August 2009, Park pleaded guilty to being a felon in possession of a firearm, which is prohibited by 18 U.S.C. § 922(g)(1). The government now appeals from Park's 37-month sentence, arguing that the district court erred when it refused to impose a "crime of violence" sentencing enhancement based on Park's prior conviction for first-degree burglary in California...

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