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UNITED STATES v. ISMOND

No. 82-1579.

704 F.2d 1155 (1983)

UNITED STATES of America, Plaintiff-Appellee, v. Melvin Garth ISMOND, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided April 28, 1983.

Attorney(s) appearing for the Case

William Glueck, Asst. U.S. Atty., Seattle, Wash., for plaintiff, appellee.

Michael Martin, Asst. Federal Public Defender, Seattle, Wash., for defendant, appellant.

Before GOODWIN, ALARCON and FERGUSON, Circuit Judges.

GOODWIN, Circuit Judge:

Melvin Ismond appeals the district court's order denying his motion for modification of sentence filed pursuant to Fed.R.Crim.P. 35. The only issue on appeal is whether the district court failed to exercise its discretion by mechanically imposing a two-year sentence for violating 8 U.S.C. § 1326. (Unlawful entry after having been deported.)

Ismond resided in Vancouver, British Columbia. He had a drinking problem and a history of...

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