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U.S. v. MAUL-VALVERDE

No. 93-1734.

10 F.3d 544 (1993)

UNITED STATES of America, Plaintiff-Appellant, v. Santiago MAUL-VALVERDE, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided November 23, 1993.

Attorney(s) appearing for the Case

Edwin F. Kelly, Asst. U.S. Atty., Des Moines, IA, argued (Linda R. Reade, on the brief,) for plaintiff-appellant.

J. Michael Mayer, Des Moines, IA, argued, for defendant-appellee.

Before RICHARD S. ARNOLD, Chief Judge, WOLLMAN, and LOKEN, Circuit Judges.

LOKEN, Circuit Judge.

The United States appeals the sixteen-month sentence Santiago Maul-Valverde received after he pleaded guilty to a violation of 8 U.S.C. § 1326(b), which prohibits previously deported aliens from illegally reentering the United States. The district court departed downward from Maul-Valverde's Guidelines range of 37-46 months on the ground that application of U.S.S.G. § 2L1.2(b)(2) had resulted in an excessive sixteen-level enhancement...

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