U.S. v. MARQUEZ-LOBOS

No. 10-10470.

683 F.3d 1061 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Florentino MARQUEZ-LOBOS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 19, 2012.


Attorney(s) appearing for the Case

Randall M. Howe (argued), Krissa Marie Lanham , and Dennis Burke , Office of the United States Attorney, Phoenix, AZ, for plaintiff-appellee United States of America.

Theron M. Hall III (argued), The Hall Law Firm, P.C., Phoenix, AZ, for defendant-appellant Florentino Marquez-Lobos.

Before: JOHN T. NOONAN, JR., M. MARGARET McKEOWN, and MILAN D. SMITH, JR., Circuit Judges.


OPINION

M. SMITH, Circuit Judge:

Florentino Marquez-Lobos appeals the 16-level enhancement of his sentence due to his prior 1985 conviction for kidnapping, under Arizona Revised Statute (ARS) § 13-1304. The district court found that his prior kidnapping conviction was a "crime of violence," as defined under the United States Sentencing Guidelines, U.S.S.G. § 2L1.2(b)(1)(A), and sentenced him to a term of 58 months in prison for illegally entering...

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