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U.S. v. CARBAJAL-HERNANDEZ

No. CR 08-1542 JB.

636 F.Supp.2d 1196 (2009)

UNITED STATES of America, Plaintiff, v. Francisco CARBAJAL-HERNANDEZ, Defendant.

United States District Court, D. New Mexico.

May 26, 2009.

Attorney(s) appearing for the Case

Gregory J. Fouratt, Attorney General, Mary Catherine McCulloch, Assistant United States Attorney, United States Attorney's Office, Albuquerque, NM, for Plaintiff.

Thomas B. Jameson, Assistant Public Defender, Albuquerque, NM, for Defendant.

MEMORANDUM OPINION AND ORDER

JAMES O. BROWNING, District Judge.

THIS MATTER comes before the Court on the Sentencing Memorandum Demonstrating "Crime of Violence" Enhancement Is Inapplicable, filed January 7, 2009 (Doc. 22). The Court held a sentencing hearing on April 30, 2009. The primary issues are: (i) whether the Court should apply the modified categorical approach and look at certain...

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