United States Ninth Circuit
US v. RIOS-BELTRAN, 03-30177
It is the statutory maximum, not the range of sentences applicable under State sentencing guidelines, that determines whether a given offense qualifies as a felony for federal sentencing purposes. Because Oregon's statutes authorize a maximum term of imprisonment of more than one year for defendant's prior conviction, the conviction is for an "aggravated felony" within the meaning of U.S.S.G. section 2L1.2(b)(1)(C).
Appellate Information
- Argued 01/06/2004
- Decided 03/24/2004
- Published 03/24/2004
Judges
- CLIFTON, Circuit Judge:, Before: HUG, GRABER, and CLIFTON, Circuit Judges.
Court
- United States Ninth Circuit
Counsel
- For Appellees:
- R. Wade Curtis,Belnap & Curtis, PLLC, Boise, ID, for the Defendant-Appellant., Alan G. Burrow and Kevin T. Maloney, Assistant United States Attorneys, Boise, ID, for the Plaintiff-Appellee.