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U.S. v. LIRA-BARRAZA

Civ. A. No. 88-5161.

897 F.2d 981 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Jesus LIRA-BARRAZA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided February 28, 1990.

Attorney(s) appearing for the Case

John Lanahan, Federal Defenders of San Diego, Inc., San Diego, Cal., for defendant-appellant.

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

Before WALLACE and FLETCHER, Circuit Judges, and GEORGE, District Judge.

GEORGE, District Judge:

Appeal from a sentence departing from sentencing commission guidelines ("Guidelines").1 The district court's opinion is affirmed except for the special assessment.

BACKGROUND

On January 5, 1988 at approximately 7 p.m., border patrol agents near Salton Sea, California, became suspicious of the driver of an older model Mercury automobile. The driver, apparently...

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