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U.S. v. CARRILLO-ALVAREZ

No. 92-50397.

3 F.3d 316 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Jorge CARRILLO-ALVAREZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 24, 1993.

Attorney(s) appearing for the Case

Shirley L. Feagles, Orange, CA, for defendant-appellant.

Robert O. Vicars, Jr., Sp. Asst. U.S. Atty., San Diego, CA, for plaintiff-appellee.

Before: FARRIS, NORRIS, and REINHARDT, Circuit Judges.

REINHARDT, Circuit Judge:

Jorge Carrillo-Alvarez appeals his sentence on the ground that the district court improperly departed upward under § 4A1.3 of the sentencing guidelines. That section permits a departure if the defendant's criminal history category under the guidelines inaccurately reflects his or her prior criminal conduct. We vacate and remand for resentencing.

I.

Jorge Carrillo-Alvarez ("Carrillo") was arrested after leading Border...

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