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U.S. v. SPENCER

No. 12-10078.

724 F.3d 1133 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Ashford Kaipo SPENCER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 29, 2013.

Attorney(s) appearing for the Case

Pamela O'Leary Tower (argued), Law Office of Pamela O'Leary Tower, Kenwood, CA; Sheryl Gordon McCloud , Law Offices of Sheryl Gordon McCloud, Seattle, WA, for Defendant-Appellant.

Chris A. Thomas (argued), Assistant United States Attorney; Florence T. Nakakuni , United States Attorney, District of Hawaii, Honolulu, HI, for Plaintiff-Appellee.

Before: SUSAN P. GRABER, JAY S. BYBEE, and MORGAN CHRISTEN, Circuit Judges.

OPINION

BYBEE, Circuit Judge:

Ashford Kaipo Spencer was convicted of two federal drug-trafficking felonies. At sentencing, the district court determined that Spencer was a "career offender" under § 4B1.1 of the Sentencing Guidelines because Spencer had two prior convictions for "crimes of violence," as defined in § 4B1.2(a). In making this determination, the district court applied the "categorical approach" to conclude that Spencer's prior conviction...

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