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U.S. v. CRUZ-VENTURA

No. 91-50720.

979 F.2d 146 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Emiliano CRUZ-VENTURA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided September 22, 1992.

Attorney(s) appearing for the Case

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

Steve Miller, Asst. U.S. Atty., San Diego, Cal., for plaintiff-appellee.

Before: POOLE, BRUNETTI and FERNANDEZ, Circuit Judges.

FERNANDEZ, Circuit Judge:

Emiliano Cruz-Ventura (Cruz) appeals the sentence imposed by the district court after he pleaded guilty to one count of transporting illegal aliens in violation of 8 U.S.C. § 1324(a)(1)(B). The district court added two points to Cruz's offense level on account of a previous conviction related to alien smuggling. It then imposed a sentence that departed upward from the guidelines range by 12 months. We vacate and remand for resentencing...

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