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U.S. v. GOMEZ-HERNANDEZ

No. 10-10441.

680 F.3d 1171 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Miguel Angel GOMEZ-HERNANDEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed May 31, 2012.

Attorney(s) appearing for the Case

Robert H. Sigal, Esq. , Tucson, AZ, for the defendant-appellant.

Kyle J. Healey , Assistant United States Attorney, United States Attorney's Office, Tucson, AZ, for the plaintiff-appellee.

Before: SUSAN P. GRABER, MARSHA S. BERZON, and RICHARD C. TALLMAN, Circuit Judges.

OPINION

TALLMAN, Circuit Judge:

Miguel Angel Gomez-Hernandez ("Gomez-Hernandez") appeals the forty-one-month sentence imposed by the district court following his conviction for illegal reentry after deportation, in violation of 8 U.S.C. § 1326(a), enhanced by 8 U.S.C. § 1326(b)(2). He challenges the district court's determination that his prior Arizona state court conviction for attempted aggravated assault is a crime of violence, and the resulting...

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