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U.S. v. MARTINEZ-RAMOS

No. 98-50536.

184 F.3d 1055 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Efrain MARTINEZ-RAMOS, aka Oscar Ocampo Melendez, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 29, 1999

Attorney(s) appearing for the Case

Richard D. Burda, Deputy Federal Public Defender, Los Angeles, California, for the defendant-appellant.

Miriam A. Krinsky (argued) and Lizabeth A. Rhoades, Assistant United States Attorneys, Los Angeles, California, for the plaintiff-appellee.

Before: BRUNETTI, RYMER and SILVERMAN, Circuit Judges.

RYMER, Circuit Judge:

Efrain Martinez-Ramos appeals the sentence imposed following his guilty plea to being an illegal alien found in the United States, in violation of 8 U.S.C. § 1326, because the district court felt it had no discretion to depart downward on the ground that there was unwarranted disparity in plea bargaining practices among the United States Attorney's Offices in the federal districts of California, or on the ground that his sentence would be...

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