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REINA-RODRIGUEZ v. U.S.

No. 08-16676.

645 F.3d 1129 (2011)

Hector REINA-RODRIGUEZ, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 22, 2011.

Attorney(s) appearing for the Case

John M. Sands , Federal Public Defender, Lee Tucker , Christopher R. Kilburn , Brian I. Rademacher , Assistant Federal Public Defenders, Tucson, AZ, for appellant Reina-Rodriguez.

Dennis K. Burke , United States Attorney, Christina M. Cabanillas , Appellate Chief, Elizabeth Adair Strange , Assistant United States Attorney, Tucson, AZ, for appellee United States of America.

Before: BETTY B. FLETCHER and SIDNEY R. THOMAS, Circuit Judges, and NANCY GERTNER, District Judge.

OPINION

THOMAS, Circuit Judge:

In this appeal, we consider whether our decision in United States v. Grisel has retroactive effect. We conclude that it does, and we reverse the judgment of the district court.

I

Hector Reina-Rodriguez appeals the district court's denial of his 28 U.S.C. § 2255 motion to correct a federal sentencing enhancement imposed on account of his Utah conviction for burglarizing a "dwelling." Reina-Rodriguez...

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