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U.S. v. MARTINEZ

No. 13-3175.

756 F.3d 1092 (2014)

UNITED STATES of America, Plaintiff-Appellee v. Aldo Lopez MARTINEZ, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: June 30, 2014.

Attorney(s) appearing for the Case

Susan Renee Stockdale , argued, Des Moines, IA, for appellant.

John E. Beamer , AUSA, argued, Des Moines, IA, for appellee.

Before RILEY, Chief Judge, BEAM and SMITH, Circuit Judges.

RILEY, Chief Judge.

This case requires us to decide whether a district court performing a modified categorical analysis to determine whether a prior state conviction qualifies for a sentencing enhancement may rely upon allegations in a superseded indictment to which the defendant did not plead guilty. Like every other circuit to address this question, see, e.g., United States v. Bonilla, 524 F.3d 647, 652-53 (5th Cir.2008)...

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