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UNITED STATES v. CASTRO

No. 22-30050.

71 F.4th 735 (2023)

UNITED STATES of America, Plaintiff-Appellee, v. Benito Craig CASTRO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 26, 2023.

Attorney(s) appearing for the Case

Russell A. Hart (argued) and Steven C. Babcock , Assistant Federal Defender; Rachel Julagay , Federal Defender, District of Montana; Federal Defenders of Montana; Billings, Montana; for Defendant-Appellant.

Tim Tatarka (argued) and Benjamin D. Hargrove , Assistant United States Attorneys; Jesse A. Laslovich , United States Attorney, District of Montana; Office of the United States Attorney; Billings, Montana; for Plaintiff-Appellee.

Before: Jacqueline H. Nguyen and Andrew D. Hurwitz, Circuit Judges, and David A. Ezra, District Judge.

OPINION

Benito Castro pled guilty to being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). In calculating Castro's recommended sentence, the district court increased his offense level based on a finding that Castro had previously committed a crime of violence. Castro contends that the...

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