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U.S. v. CANTU-DOMINGUEZ

No. 89-2346 Summary Calendar.

898 F.2d 968 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Pedro CANTU-DOMINGUEZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 6, 1990.

Attorney(s) appearing for the Case

Juan Jose Martinez, Brownsville, Tex. (Court-appointed), for defendant-appellant.

Kathlyn Giannuala, Asst. U.S. Atty., Henry K. Oncken, U.S. Atty., Paula C. Offenhauser, Asst. U.S. Atty., for plaintiff-appellee.

Before REAVLEY, KING and JOHNSON, Circuit Judges.

REAVLEY, Circuit Judge:

The district court determined that the sentencing guidelines did not adequately reflect the seriousness of Pedro Cantu-Dominguez' criminal history. Accordingly, the court departed from the sentencing range set forth in the guidelines and sentenced Cantu-Dominguez to a term of imprisonment 7 months greater than the maximum sentence in the applicable range. Cantu-Dominguez appeals the court's upward departure. We vacate and remand for resentencing...

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