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U.S. v. CATALAN

No. 11-50318.

701 F.3d 331 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Moises Vasquez CATALAN, aka Moises Catalan, aka Roman Hernandez Rivera, aka Moises Catalan Vasquez, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Resubmitted November 19, 2012.

Filed November 19, 2012.

Attorney(s) appearing for the Case

Anthony Eaglin , Los Angeles, CA, for the appellant.

André Birotte Jr. , Robert E. Dugdale , Jean-Claude André , United States Attorney's Office, Los Angeles, CA, for the appellee.

Before: ALEX KOZINSKI, Chief Judge, STEPHEN S. TROTT and SIDNEY R. THOMAS, Circuit Judges.

OPINION

PER CURIAM:

We consider in this appeal whether a "sentence imposed" pursuant to section 2L1.2(b)(1) of the United States Sentencing Guidelines includes a probation revocation sentence served after the defendant was deported. Moises Vasquez Catalan argues that the district court incorrectly calculated his advisory guidelines range by imposing a 16-level enhancement, rather than a 12-level enhancement, pursuant to section 2L1.2(b)(1). The Sentencing...

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