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U.S. v. ORTEGA-REYES

No. 96-30045.

105 F.3d 1260 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Jesus ORTEGA-REYES, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided January 27, 1997.

Attorney(s) appearing for the Case

Barry McHugh, DUSA, Boise, ID, for plaintiff-appellee.

Michael J. Kane, Anderson, Kane & Tobiason, Boise, ID, for defendant-appellant.

Before WRIGHT, BRUNETTI, and O'SCANNLAIN, Circuit Judges.

BRUNETTI, Circuit Judge:

Jesus Ortega-Reyes ("Reyes"), challenges his seventy-eight month sentence imposed under the Sentencing Guidelines. The district court sentenced Reyes under the kidnapping Guideline by referencing the robbery Guideline pursuant to Section 2A4.1(b)(7), and refused to apply the one-level reduction for release of the victims within twenty-four hours under the kidnapping Guideline. We affirm.

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