U.S. v. PEREZ-MAGANA

No. 90-50107.

929 F.2d 518 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Jorge PEREZ-MAGANA, aka Alfredo Mendoza-Equihua, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided April 1, 1991.


Attorney(s) appearing for the Case

Judy Clarke, Federal Defenders of San Diego, Inc., San Diego, Cal., for defendant-appellant.

Joyce Fitzpatrick, Asst. U.S. Atty., William Branitt, U.S. Atty., San Diego, Cal., for plaintiff-appellee.

Before D.W. NELSON and REINHARDT, Circuit Judges, and SINGLETON, District Judge.


D.W. NELSON, Circuit Judge:

Appellant Jorge Perez-Magana appeals the district court's imposition of a 30-month sentence for transporting illegal aliens, which included an upward departure from the 6-12 month sentencing range suggested by the Sentencing Guidelines. While appellant concedes that the district court could depart and that it explained its departure, he argues that its degree of departure was unreasonable and that the court failed to give reasons...

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