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U.S. v. CASTELLANOS

No. 95-50004.

81 F.3d 108 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Jose CASTELLANOS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided April 10, 1996.

Attorney(s) appearing for the Case

Yolanda Barrera, Los Angeles, California, for defendant-appellant Jose Castellanos.

Richard E. Drooyan, Assistant United States Attorney, Ellyn Marcus Lindsay, Assistant United States Attorney, Los Angeles, for plaintiff-appellee.

Before: HALL and JOHN T. NOONAN, Jr., Circuit Judges, and SHUBB, District Judge.

OPINION

SHUBB, District Judge:

Jose Castellanos appeals from his sentence on charges of mail fraud and making a false statement to a federally insured lending institution, upon the ground that his base offense level was improperly increased by two levels based on a finding of vulnerable victim under section 3A1.1 of the Sentencing Guidelines. Because the record does not support such a finding, we vacate the sentence and remand for resentencing.

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