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U.S. v. HERNANDEZ

No. 96-329-CR.

25 F.Supp.2d 1369 (1998)

UNITED STATES of America, Plaintiff, v. Modesto HERNANDEZ, Defendant.

United States District Court, S.D. Florida.

October 16, 1998.

Attorney(s) appearing for the Case

Michael Davis, Assistant United States Attorney, Miami, FL, for Plaintiff.

Richard Klugh, Assistant Federal Public Defender, Miami, FL, for Defendant.

ORDER OF UPWARD DEPARTURE

MORENO, District Judge.

THIS CAUSE came before the Court for re-sentencing pursuant to the Remand from the Eleventh Circuit Court of Appeal in United States v. Hernandez, 145 F.3d 1433 (11th Cir.1998). The appellate court affirmed the convictions but reversed holding that this court erred in finding that the defendant's prior convictions constituted qualifying offenses for career offender...

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