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U.S. v. RAMIREZ-DeROSAS

No. 88-5219.

873 F.2d 1177 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Pedro RAMIREZ-De ROSAS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Submission Vacated September 12, 1988.

Resubmitted March 14, 1989.

Memorandum April 14, 1989.

Opinion May 5, 1989.

Attorney(s) appearing for the Case

Michael J. Crowley, San Diego, Cal., for defendant-appellant.

Bruce Castetter, Asst. U.S. Atty., San Diego, Cal., for plaintiff-appellee.

Before WRIGHT and POOLE, Circuit Judges, and HUPP, District Judge.

EUGENE A. WRIGHT, Circuit Judge:

Appeal from sentence imposed in excess of sentencing commission guidelines. Affirmed.

BACKGROUND

At approximately 2:30 a.m., February 10, 1988, Ramirez drove a van through the San Clemente checkpoint into the United States. An agent motioned him to stop. Ramirez slowed as if to stop but then accelerated northbound on I-5 away from the check-point.

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