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U.S. v. LEE

No. 13-10517.

821 F.3d 1124 (2016)

UNITED STATES of America, Plaintiff-Appellee, v. Jason LEE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Submission Vacated January 16, 2015.

Filed May 6, 2016.

Resubmitted April 28, 2016.

Attorney(s) appearing for the Case

Ethan A. Balogh (argued), Coleman & Balogh LLP, San Francisco, CA, for Defendant-Appellant.

Melinda Haag , United States Attorney, Barbara J. Valliere , Chief, Appellate Division, Laurie Kloster Gray (argued), Assistant United States Attorney, San Francisco, CA, for Plaintiff-Appellee.

Opinion by Judge HURWITZ; Dissent by Judge IKUTA.

OPINION

Jason Lee was convicted of distributing crack cocaine. He appeals only the resulting sentence. Because we find that the district court erred by imposing a career offender enhancement under § 4B1.1(a)(3) of the United States Sentencing Guidelines ("Guidelines"), we vacate the sentence and remand for...

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