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U.S. v. RAMIREZ ACOSTA

No. 89-10050.

895 F.2d 597 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Jorge RAMIREZ ACOSTA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided February 2, 1990.

Attorney(s) appearing for the Case

Richard G. Cenci, Fresno, Cal., for defendant-appellant.

Lawrence Lincoln, Asst. U.S. Atty., Fresno, Cal., for plaintiff-appellee.

Before FARRIS, PREGERSON and RYMER, Circuit Judges.

PREGERSON, Circuit Judge:

Jorge Ramirez Acosta pleaded guilty to bank robbery in violation of 18 U.S.C. § 2113(a). The district court sentenced him to 100 months in custody, a departure from the Federal Sentencing Guidelines ("guidelines") range of 46-57 months. On appeal, Acosta contends that: (1) the district court failed to give him notice of and an opportunity to be heard on the court's decision to depart from the...

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