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U.S. v. REDONDO-LEMOS

No. 90-10430.

955 F.2d 1296 (1992)

UNITED STATES of America, Plaintiff-Appellant, v. Gilberto REDONDO-LEMOS, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided February 5, 1992.

As Amended on Denial of Rehearing and Rehearing May 11, 1992.

Attorney(s) appearing for the Case

Linda A. Akers, U.S. Atty., D. Ariz., Phoenix, Ariz., and Joseph C. Wyderko, U.S. Dept. of Justice, Washington, D.C., for plaintiff-appellant.

Fernando X. Gaxiola, Tucson, Ariz., for defendant-appellee.

Before CANBY, and KOZINSKI, Circuit Judges, and WM. FREMMING NIELSEN, District Judge.

As Amended on Denial of Rehearing and Rehearing En Banc May 11, 1992.

KOZINSKI, Circuit Judge.

Defendant Redondo-Lemos pled guilty to an offense which carries a statutory minimum sentence of 5 years. The district court nevertheless sentenced him to 18 months, based on a finding that the Office of the United States Attorney acted arbitrarily and discriminated on the basis of gender in plea bargaining with this defendant. We must decide whether the district...

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