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U.S. v. ROJAS

No. 93-5127.

47 F.3d 1078 (1995)

UNITED STATES of America, Plaintiff-Appellant, v. Ivan Leon ROJAS, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

March 16, 1995.

Attorney(s) appearing for the Case

Julia A. Paylor, Asst. U.S. Atty., Kendall Coffey, U.S. Atty., Harriett R. Galvin, Linda Collins Hertz, Asst. U.S. Attys., Miami, FL, for appellant.

Gerardo Andres Remy, Jr., Miami, FL, for appellee.

Before HATCHETT and ANDERSON, Circuit Judges, and FAY, Senior Circuit Judge.

HATCHETT, Circuit Judge:

The government brings this appeal challenging Ivan Leon Rojas's sentence. We hold that the district court misapplied the United States Sentencing Guidelines in granting Rojas a downward departure; thus, we remand for resentencing.

FACTS

On January 26, 1993, Ivan Leon Rojas departed from Florida aboard a Bahamian registered vessel. Three days later, members of the United States Coast Guard boarded the vessel while it was anchored...

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