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U.S. v. TORRE-JIMENEZ

No. 13-50438.

771 F.3d 1163 (2014)

UNITED STATES of America, Plaintiff-Appellee, v. Miguel De La TORRE-JIMENEZ, aka Miguel de la Torre, aka Miguel Delatorre, aka Miguel Angel Jimenez, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed November 7, 2014.

Attorney(s) appearing for the Case

James H. Locklin (argued), Deputy Federal Public Defender, and Sean K. Kennedy , Federal Public Defender, Los Angeles, CA, for Defendant-Appellant.

L. Ashley Aull (argued) and Robert E. Dugdale , Chief, Criminal Division, Assistant United States Attorneys, and André Birotte, Jr. , United States Attorney, Los Angeles, CA, for Plaintiff-Appellee.

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

OPINION

GRABER, Circuit Judge:

Defendant Miguel de la Torre-Jimenez appeals his 18-month sentence following a guilty plea to one count of being a deported alien found in the United States after removal, in violation of 8 U.S.C. § 1326. Applying the modified categorical approach, the district court concluded that Defendant's prior conviction for possession of cocaine for sale, in violation of California...

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