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U.S. v. SAHAGUN-GALLEGOS

No. 13-10095.

782 F.3d 1094 (2015)

UNITED STATES of America, Plaintiff-Appellee, v. Ruben SAHAGUN-GALLEGOS, aka Ruben Gallegos Sahagun, aka Ruben Sahugun-Gallegos, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed April 10, 2015.

Attorney(s) appearing for the Case

Davina T. Chen (argued), Law Office of Davina T. Chen, Glendale, CA, for Defendant-Appellant.

Robert A. Fellrath (argued), Assistant United States Attorney, John S. Leonardo, United States Attorney, Robert L. Miskell, Appellate Chief, and Christina M. Cabanillas, Assistant United States Attorney, United States Attorney's Office, Tucson, AZ, for Plaintiff-Appellee.

Before: JOHN T. NOONAN, WILLIAM A. FLETCHER, and MORGAN CHRISTEN, Circuit Judges.

OPINION

We consider in this case whether, consistent with Descamps v. United States, ___ U.S. ___, 133 S.Ct. 2276, 186 L.Ed.2d 438 (2013), a sentencing court conducting the modified categorical approach may rely on a defense attorney's statement of the factual basis for...

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