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U.S. v. MERCEDES-AMPARO

No. 92-1483.

980 F.2d 17 (1992)

UNITED STATES of America, Appellee, v. Jose MERCEDES-AMPARO, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided November 23, 1992.

Attorney(s) appearing for the Case

Luz M. Rios Rosario, for appellant.

Esther Castro Schmidt, Asst. U.S. Atty., with whom Daniel F. Lopez-Romo, U.S. Atty., and José A. Quiles Espinosa, Senior Litigation Counsel, were on brief, for appellee.

Before BREYER, Chief Judge, COFFIN, Senior Circuit Judge, and CYR, Circuit Judge.

CYR, Circuit Judge.

Appellant Jose Mercedes Amparo pled guilty to attempting to bring illegal aliens into the United States in violation of 8 U.S.C. § 1324(a)(1)(A). He claims that the twenty-four month prison term imposed by the district court was disproportionately severe and premised on an improper upward departure. We remand for resentencing due to the government's breach of its plea agreement obligation to recommend a sentence within the applicable guideline...

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