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UNITED STATES v. SANCHEZ-MONTOYA

No. 93-50711.

30 F.3d 1168 (1994)

UNITED STATES of America, Plaintiff-Appellant, v. Jose Angel SANCHEZ-MONTOYA, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided July 26, 1994.

Attorney(s) appearing for the Case

Warrington S. Parker, III, Asst. U.S. Atty., Los Angeles, CA, for plaintiff-appellant.

Sean K. Kennedy, Deputy Federal Public Defender, Los Angeles, CA, for defendant-appellee.

Before: FARRIS, KOZINSKI, and NOONAN, Circuit Judges.

PER CURIAM:

The United States appeals the 24-month sentence imposed on Jose Angel Sanchez-Montoya following his conditional guilty plea to being found in the United States after having been deported following an aggravated felony conviction, in violation of 8 U.S.C. § 1326(b)(2). Although the applicable Guidelines range is 57 to 71 months, the district court limited Sanchez-Montoya's sentence to two years because the Immigration and Naturalization Service (INS...

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