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U.S. v. LEE

No. 10-10403.

704 F.3d 785 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Jason LEE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed December 28, 2012.

Attorney(s) appearing for the Case

Ethan A. Balogh (argued), Coleman & Balogh LLP, San Francisco, CA; and Benjamin L. Coleman , Coleman & Balogh LLP, San Diego, CA, for Defendant-Appellant.

Melinda Haag , United States Attorney; Barbara J. Valliere , Chief, Appellate Division, Assistant United States Attorney; Andrew P. Caputo and Laurie Kloster Gray (argued), Assistant United States Attorneys, San Francisco, CA, for Plaintiff-Appellee.

Before: SIDNEY R. THOMAS, RAYMOND C. FISHER, and SANDRA S. IKUTA, Circuit Judges.

OPINION

FISHER, Circuit Judge:

We consider whether the district court erred by sentencing Jason Lee as a career offender under U.S. Sentencing Guidelines Manual § 4B1.1 based on his two prior convictions under California Health and Safety Code § 11352(a). We hold that the government has not satisfied its burden of showing that one of these two convictions qualifies as a predicate offense and remand for...

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