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U.S. v. LEAL-FELIX

No. 09-50426.

665 F.3d 1037 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Israel LEAL-FELIX, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed November 30, 2011.

Attorney(s) appearing for the Case

Michael Tanaka , Deputy Federal Public Defender, Los Angeles, CA, for the defendant-appellant.

Michael J. Raphael , Assistant United States Attorney, Los Angeles, CA; and Bryan F. Boutwell , Special Assistant United States Attorney, Riverside, CA, for the plaintiff-appellee.

Opinion by Judge N. RANDY SMITH; Concurrence by Judge McKEOWN; Dissent by Judge RAWLINSON.

OPINION

N.R. SMITH, Circuit Judge:

In this appeal, we are asked to interpret the United States Sentencing Guidelines § 4A1.2(a)(2). The United States Sentencing Commission (the "Commission") has authority to define the terms in the Sentencing Guidelines. See 28 U.S.C. § 994(p). However, until it does, we consider the context and purpose of the Sentencing Guidelines as a whole in interpreting them. Cf. Dolan v. U.S. Postal Serv., ...

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