Moreno-Hernandez
United States v. Moreno-Hernandez
Opinion
Opinion
Berzon COUNSEL, J.
FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 03-30387 Plaintiff-Appellee, v. D.C. No.
CR-03-30012-AA
ISIDRO MORENO-HERNANDEZ,
OPINION
Defendant-Appellant. Appeal from the United States District Court for the District of Oregon Ann L. Aiken, District Judge, Presiding
Argued and Submitted September 15, 2004—Portland, Oregon
Submission Withdrawn September 28, 2004 Resubmitted February 18, 2005
Filed February 18, 2005
Before: J. Clifford Wallace, Ronald M. Gould, and Marsha S. Berzon, Circuit Judges.
Opinion by Judge Berzon COUNSEL
Robert M. Stone, Medford, Oregon, for the defendant- appellant.
Karin J. Immergut, United States Attorney, District of Ore- gon, and Robert G. Thomson (argued), Assistant United States Attorney, Medford, Oregon, for the plaintiff-appellee.
OPINION
BERZON, Circuit Judge:
Once more, we are asked to determine whether a federal defendant’s previous state-law conviction is for a “felony that 1976 UNITED STATES v. MORENO-HERNANDEZ is . . . a crime of violence” under section 2L1.2(b)(1)(A)(ii) of the U.S.…