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U.S. v. REAL-HERNANDEZ

No. 95-50188.

90 F.3d 356 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Francisco REAL-HERNANDEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided July 17, 1996.

Attorney(s) appearing for the Case

Gretchen C. von Helms, Federal Defenders of San Diego, Inc., San Diego, California, for defendant-appellant.

Debra R. Torres-Reyes, Assistant United States Attorney, San Diego, California, for plaintiff-appellee.

Before: WALLACE and T.G. NELSON, Circuit Judges, and BROWNING, District Judge.

WALLACE, Circuit Judge:

Real-Hernandez appeals from his sentence, due to the mandatory minimum sentence of 60 months imposed by the district court after he pled guilty to possession of marijuana with intent to distribute in violation of 21 U.S.C. § 841(a)(1). We have jurisdiction over this timely appeal pursuant to 18 U.S.C. § 3742, and we vacate the sentence and remand for resentencing.

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