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U.S. v. AGUILAR-PENA

No. 88-1477.

887 F.2d 347 (1989)

UNITED STATES of America, Appellee, v. Jorge Armando AGUILAR-PENA, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided October 12, 1989.

Attorney(s) appearing for the Case

Francisco R. Moya Huff, Hato Rey, P.R., for defendant, appellant.

Jose R. Gaztambide, Asst. U.S. Atty., with whom Daniel F. Lopez Romo, U.S. Atty., San Juan, P.R., was on brief, for U.S.

Before SELYA, Circuit Judge, COFFIN and FAIRCHILD, Senior Circuit Judges.

SELYA, Circuit Judge.

This appeal requires that we review a sentence in order to determine whether the district court appropriately departed from the sentencing guidelines promulgated pursuant to the Sentencing Reform Act of 1984, as amended, 18 U.S.C.A. §§ 3551-3586 (West 1985 & Supp.1988); 28 U.S.C.A. §§ 991-998 (West Supp.1988). Because we believe that the court acted impermissibly, we vacate the sentence and remand for further proceedings...

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