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U.S. v. GARCIA-CRUZ

No. 93-50391.

40 F.3d 986 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Fredrick GARCIA-CRUZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Memorandum Filed October 6, 1993.

Memorandum Withdrawn October 31, 1994.

Argued and Resubmitted June 15, 1994.

Decided November 3, 1994.

Attorney(s) appearing for the Case

Steven F. Hubachek, Cohen & Hubachek, San Diego, CA, for defendant-appellant Garcia-Cruz.

Michael G. Wheat, Asst. U.S. Atty., San Diego, CA, for plaintiff-appellee.

Before: FLETCHER, POOLE and O'SCANNLAIN, Circuit Judges.

FLETCHER, Circuit Judge:

We originally decided this appeal on the briefs. Subsequently we granted the petition for rehearing. We now withdraw the memorandum disposition filed October 6, 1993 and substitute this opinion.

In this appeal, Fredrick Garcia-Cruz appeals his 41-month sentence, imposed following remand from this court for resentencing. Garcia-Cruz was originally sentenced to 200 months, following a jury trial, for being a felon in possession of a...

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