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U.S. v. MONTENEGRO-ROJO

No. 89-50134.

908 F.2d 425 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Luis MONTENEGRO-ROJO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided April 12, 1990.

Withdrawn July 11, 1990.

Opinion Filed July 11, 1990.

Attorney(s) appearing for the Case

Shawn M. Hayes, Federal Defenders of San Diego, Inc., San Diego, Cal., for defendant-appellant.

Judith S. Feigin, Asst. U.S. Atty., San Diego, Cal., for plaintiff-appellee.

Before HUG, HALL and WIGGINS, Circuit Judges.

ORDER

The opinion filed April 12, 1990, is hereby WITHDRAWN. The opinion submitted herewith shall be filed in its stead.

OPINION

CYNTHIA HOLCOMB HALL, Circuit Judge:

Defendant-Appellant Luis Montenegro-Rojo was convicted of illegal entry into the United States in violation of 8 U.S.C. § 1325(a) (1988). His sentence was governed by the Sentencing Reform Act of 1984 ("the Act"), 18 U.S.C. §§ 3551-3586 (1988). The district court...

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