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U.S. v. FLORES

Nos. 11-50536, 11-50539, 11-50555.

729 F.3d 910 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Yoahjan Lara FLORES, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Alfredo Rubio Lara, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Arturo Lara, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 30, 2013.

Attorney(s) appearing for the Case

Ricardo M. Gonzalez , San Diego, CA, for Defendant-Appellant Alfredo Lara.

Barbara M. Donovan , Donovan & Donovan, San Diego, CA, for Defendant-Appellant Arturo Lara.

Frederick Carroll (argued), San Diego, CA, for Defendant-Appellant Yoahjan Flores.

Douglas Keehn (argued), Assistant United States Attorney, San Diego, CA, for Plaintiff-Appellee United States of America.

Before: RICHARD A. PAEZ and PAUL J. WATFORD, Circuit Judges, and LESLIE E. KOBAYASHI, District Judge.

OPINION

PAEZ, Circuit Judge:

In these consolidated cases, the defendants appeal their sentences following their pleas of guilty to conspiracy to possess an unregistered firearm in violation of 18 U.S.C. § 371 and 26 U.S.C. § 5861(d). They raise a novel question: What is the definition of a missile under U.S.S.G. § 2K2.1(b)(3)(A) and 26 U.S.C. § 5845(f)? We adopt the common meaning of the word missile, in the context of modern weaponry...

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