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U.S. v. ENRIQUEZ-MUNOZ

No. 89-10256.

906 F.2d 1356 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Jorge Edmundo ENRIQUEZ-MUNOZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided June 28, 1990.

Attorney(s) appearing for the Case

Sean Bruner, Ralls & Bruner, P.C., Tucson, Ariz., for defendant-appellant.

Stephen M. McNamee, U.S. Atty., Susan Ehrlich, Reese V. Bostwick, Assistant U.S. Attys., Tucson, Ariz., for plaintiff-appellee.

Before POOLE, REINHARDT and BEEZER, Circuit Judges.

REINHARDT, Circuit Judge:

Enriquez-Munoz appeals a two-year sentence imposed by the district court. He contends that the court used impermissible factors to justify an upward departure from the Sentencing Guidelines. We vacate the excess portion of Enriquez-Munoz's sentence and reduce it to 10 months, the maximum allowable under the Guidelines.

FACTS

Enriquez-Munoz pled guilty to one count of aiding and abetting in providing false statements...

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