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U.S. v. HERNANDEZ-RODRIGUEZ

No. 91-50572.

975 F.2d 622 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Efrain HERNANDEZ-RODRIGUEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided September 15, 1992.

Attorney(s) appearing for the Case

Nancy Kendall, Federal Defenders of San Diego, Inc., San Diego, Cal., for defendant-appellant.

David P. Curnow, Asst. U.S. Atty. argued, Michael G. Wheat, Asst. U.S. Atty., on the brief, San Diego, Cal., for plaintiff-appellee.

Before: POOLE, BRUNETTI, and FERNANDEZ, Circuit Judges.

FERNANDEZ, Circuit Judge:

Efrain Hernandez-Rodriguez (Hernandez) appeals his sentence for transporting unlawful aliens in violation of 8 U.S.C. § 1324(a)(1)(B). The district court departed upward from the Sentencing Guidelines based upon the fact that Hernandez led Border Patrol agents on a three-hour high-speed chase. Hernandez claims that the upward departure was impermissible because the district court also enhanced his sentence under U.S.S.G. § 3C1.2...

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