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U.S. v. CASTRO-CERVANTES

No. 89-50145.

927 F.2d 1079 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Jesus CASTRO-CERVANTES, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 9, 1990.

Amended March 6, 1991.

Attorney(s) appearing for the Case

Janice D. Hogan, Asst. Federal Public Defender, San Diego, Cal., for defendant-appellant.

Roger W. Haines, Jr., Asst. U.S. Attys., San Diego, Cal., for plaintiff-appellee.

Before GOODWIN, FARRIS and NOONAN, Circuit Judges.

NOONAN, Circuit Judge:

Jesus Castro-Cervantes appeals from a sentence imposed upon him by the district court for bank robbery. We remand.

FACTS

On September 21, 1988 Castro-Cervantes was indicted on seven counts of unarmed bank robbery in violation of 18 U.S.C. § 2113(a). On November 21, 1988 he pleaded guilty to counts 1 and 2, pursuant to a plea agreement whereby the government dropped the remaining five counts and he agreed to accept responsibility...

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