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U.S. v. SEGURA-DEL REAL

No. 95-10299.

83 F.3d 275 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Manuel SEGURA-DEL REAL, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided April 30, 1996.

Attorney(s) appearing for the Case

Mary McNamara, Assistant Federal Public Defender, San Francisco, California, for the defendant-appellant.

Susan E. Olney, Assistant United States Attorney, San Francisco, California, for the plaintiff-appellee.

Before: REINHARDT, THOMPSON and O'SCANNLAIN, Circuit Judges.

DAVID R. THOMPSON, Circuit Judge.

Jose Manuel Segura-Del Real pleaded guilty to a one-count indictment for illegal reentry by an alien after deportation subsequent to conviction in violation of 8 U.S.C. § 1326(b)(1). The district court departed upward from the Sentencing Guidelines and sentenced Segura-Del Real to 41 months in prison. Segura-Del Real appeals this sentence arguing that his prior criminal record, which placed him in criminal history category VI...

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