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U.S. v. CERVANTES-VALENZUELA

No. 90-50342.

931 F.2d 27 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Javier CERVANTES-VALENZUELA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided April 18, 1991.

Attorney(s) appearing for the Case

Steven F. Hubachek, Federal Defenders of San Diego, Inc., San Diego, Cal., for defendant-appellant.

Linda Frakes, Asst. U.S. Atty., San Diego, Cal., for plaintiff-appellee.

Before BOOCHEVER, HALL and RYMER, Circuit Judges.

PER CURIAM:

Cervantes appeals the district court's imposition of sentence following his conviction on a guilty plea of being a deported alien found in the United States in violation of 18 U.S.C. § 3231. He was sentenced at the upper end of the guideline range because of his criminal background. He argues that his sentence was imposed in violation of law because the district court failed to exercise its discretion as required by 18 U.S.C. § 3553(a). Specifically...

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