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U.S. v. GARCIA-JIMENEZ

No. 14-10484.

807 F.3d 1079 (2015)

UNITED STATES of America, Plaintiff-Appellee, v. Alberto GARCIA-JIMENEZ, aka Nelih Alexis Miranda, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed November 19, 2015.

Attorney(s) appearing for the Case

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

Lawrence C. Lee (argued) and Lauren G. Labuff , Assistant United States Attorneys, John S. Leonardo , United States Attorney, Robert L. Miskell , Appellate Chief, United States Attorney's Office, District of Arizona, Tucson, AZ, for Plaintiff-Appellee.

Before: WILLIAM A. FLETCHER, MARSHA S. BERZON, and CARLOS T. BEA, Circuit Judges.

OPINION

Alberto Garcia-Jimenez pled guilty to illegal reentry into the United States in violation of 8 U.S.C. § 1326. At sentencing, the district court increased Garcia-Jimenez's base offense level because of a prior aggravated assault conviction in New Jersey. The court concluded that the conviction constituted...

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