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U.S. v. REYES

Nos. 92-30030, 92-30059.

8 F.3d 1379 (1993)

UNITED STATES of America, Plaintiff-Appellant, Cross-Appellee, v. Armando REYES, Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided November 3, 1993.

Attorney(s) appearing for the Case

Charles F. Gorder, Jr., Asst. U.S. Atty., Portland, OR, for plaintiff-appellant-cross-appellee.

Rita J. Radositiz, Asst. Federal Public Defender, Eugene, OR, for defendant-appellee-cross-appellant.

Before: HUG, FLETCHER and BRUNETTI, Circuit Judges.

FLETCHER, Circuit Judge:

The Government appeals the district court's downward departure from the Sentencing Guidelines in sentencing career offender Reyes. It argues that the district court ignored the career offender guideline provisions, U.S.S.G. § 4B1.1, by departing from a sentencing range of 210-262 months and setting a sentence of thirty-three months. Reyes cross-appeals the district court's failure to allow a waiver of jury trial under Fed.R.Civ.P. 23...

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