U.S. v. MUNOZ

No. 95-2133.

83 F.3d 7 (1996)

UNITED STATES, Appellee, v. John Jairo MUNOZ, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided April 26, 1996.


Attorney(s) appearing for the Case

Sara Rapport, San Diego, CA, on brief, for appellant.

Sheldon Whitehouse, United States Attorney, Margaret E. Curran, Assistant United States Attorney, and Stephanie S. Browne, Assistant United States Attorney, Providence, RI, on brief, for appellee.

Before SELYA, BOUDIN and STAHL, Circuit Judges.


PER CURIAM.

Defendant-appellant John Jairo Munoz Estrada pled guilty to illegal reentry after deportation, in violation of 8 U.S.C. § 1326. He appeals from his sentence on the sole ground that the district court erred in denying him a one-level reduction pursuant to U.S.S.G. § 3E1.1(b)(2) for "timely notifying authorities of his intention to enter a plea of guilty." We vacate his sentence and remand for resentencing.

"A defendant bears the burden...

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