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U.S. v. RIOS-FAVELA

No. 96-50128.

118 F.3d 653 (1997)

UNITED STATES of America, Plaintiff-Appellant, v. Jesus Manuel RIOS-FAVELA, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided June 25, 1997.

Attorney(s) appearing for the Case

Becky S. Walker and Miriam A. Krinsky, Assistant United States Attorneys, Los Angeles, CA, for plaintiff-appellant.

Korey House, Deputy Federal Public Defender, Los Angeles, CA, for defendant-appellee.

Before: D.W. NELSON and TROTT, Circuit Judges, and BRYAN, District Judge.

TROTT, Circuit Judge:

I. Overview

The Government appeals Jesus Manuel Rios-Favela's ("Defendant") sentence imposed after he pled guilty to illegally reentering the United States after deportation in violation of 8 U.S.C. §§ 1326(a), (b)(1) and (b)(2). Applying section 2L1.2(b)(2) of the Sentencing Guidelines, the court adjusted the base offense level upward sixteen levels; however, it then departed downward ten levels based in part on its finding...

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