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U.S. v. ASUNCION

No. 18-30130.

974 F.3d 929 (2020)

UNITED STATES of America, Plaintiff-Appellee, v. Johnny Andres ASUNCION III, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 4, 2020.

Attorney(s) appearing for the Case

Dan B. Johnson (argued), Spokane, Washington, for Defendant-Appellant.

Francesco Valentini (argued), Trial Attorney; Matthew S. Miner , Deputy Assistant Attorney General; Brian A. Benczkowski , Assistant Attorney General; Benjamin D. Seal , Assistant United States Attorney; William D. Hyslop , United States Attorney; United States Attorney's Office, Washington, D.C., for Plaintiff-Appellee.

Before: William A. Fletcher and Johnnie B. Rawlinson, Circuit Judges, and Vince Chhabria, District Judge.

OPINION

We recently held that a prior state conviction is not an offense "punishable by imprisonment for a term exceeding one year"—and therefore does not trigger federal sentencing enhancements—if the applicable guideline range for the state conviction did not exceed one year and if the state's...

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