UNITED STATES v. LOPEZ-GONZALES

No. 81-1675.

688 F.2d 1275 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. Juan LOPEZ-GONZALES, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided September 28, 1982.


Attorney(s) appearing for the Case

Judy Clarke, San Diego, Cal., on brief, for defendant-appellant.

Douglas R. Schwartz, Asst. U.S. Atty., on the brief; William H. Kennedy, U.S. Atty., San Diego, Cal., for plaintiff-appellee.

Before FLETCHER, FERGUSON, and REINHARDT, Circuit Judges.


REINHARDT, Circuit Judge:

Appellant, Juan Lopez-Gonzales, appeals from the sentence imposed after his conviction for felony illegal entry in violation of 8 U.S.C. § 1325 (1976). The issue on appeal is whether the trial court failed to exercise its discretion by mechanically imposing the maximum sentence.

On August 11, 1981, a border patrol agent observed an early model, heavily laden station wagon leaving Interstate 5 near Oceanside, California. Lopez...

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