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U.S. v. HERNANDEZ-VASQUEZ

C.A. No. 88-5236.

884 F.2d 1314 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Jose HERNANDEZ-VASQUEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided September 14, 1989.

Attorney(s) appearing for the Case

Carol Lam, Asst. U.S. Atty., San Diego, Cal., for plaintiff-appellee.

Barbara L. Davis, San Diego, Cal., for defendant-appellant.

Before SCHROEDER, BOOCHEVER, and BEEZER, Circuit Judges.

PER CURIAM:

Jose Hernandez-Vasquez was arrested after a high-speed chase. He pled guilty and was convicted of transporting illegal aliens under 8 U.S.C. § 1324(a)(1)(B). The district court sentenced him to a term of 24 months, an 8-month-upward departure from the maximum sentence calculated under the Sentencing Guidelines. Hernandez appeals. Because we find that the court relied on improper factors in departing from the guidelines, we vacate the sentence and...

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