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U.S. v. HUITRON-ROCHA

No. 13-50306.

771 F.3d 1183 (2014)

UNITED STATES of America, Plaintiff-Appellee, v. Efrain HUITRON-ROCHA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed November 7, 2014.

Attorney(s) appearing for the Case

Erick L. Guzman , Law Office of Erick L. Guzman, Santa Rosa, CA, for Defendant-Appellant.

Alex W. Markle (argued), Special Assistant United States Attorney, Bruce R. Castetter , Assistant United States Attorney, Chief, Appellate Section, Criminal Division, and Laura E. Duffy , United States Attorney, San Diego, CA, for Plaintiff-Appellee.

Before: DAVID M. EBEL, ANDREW J. KLEINFELD, and SUSAN P. GRABER, Circuit Judges.

OPINION

GRABER, Circuit Judge:

Defendant Efrain Huitron-Rocha appeals his 41-month sentence following a guilty plea to one count of reentering the United States after removal and without permission, in violation of 8 U.S.C. § 1326(a). Applying the modified categorical approach, the district court concluded that Defendant's prior conviction for possession and transportation of cocaine for sale, in violation of California Health and Safety Code section...

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