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United States Ninth Circuit


US v. NAVIDAD-MARCOS, 03-10234

District court erred in applying a 16-level aggravated felony enhancement per U.S.S.G. section 2L1.2(b)(1)(A)(i); the abstract of judgment from defendant's prior conviction is insufficient to establish unequivocally that he was convicted of a "drug trafficking" offense for purposes of U.S.S.G. section 2L1.2.

Appellate Information

  • Argued 04/13/2004
  • Decided 05/05/2004
  • Published 05/05/2004

Judges

  • THOMAS, Circuit Judge:, Before:  WALLACE, KOZINSKI, and THOMAS, Circuit Judges.

Court

  • United States Ninth Circuit

Counsel

  • For Appellant:
  • Michael Powell and Fredilyn Sison, Assistant Federal Public Defenders, Reno, NV, for the appellant.

  • For Appellees:
  • Brian Sullivan and Ronald C. Rachow, Assistant United States Attorneys, Reno, NV, for the appellee.
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