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U.S. v. DiPINA

No. 98-2142.

178 F.3d 68 (1999)

UNITED STATES, Plaintiff, Appellee, v. Jesus DiPINA a/k/a Gustavo Gonsalez, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided May 27, 1999.

Attorney(s) appearing for the Case

Carlos J. Martinez, with whom Cheryl J. Sturm was on brief, for appellant.

James H. Leavey, Assistant United States Attorney, with whom Margaret E. Curran, United States Attorney, was on brief, for appellee.

Before Boudin, Circuit Judge, Bownes, Senior Circuit Judge, and Lynch, Circuit Judge.

BOWNES, Senior Circuit Judge.

The issue before us is whether the sentencing guidelines, applied to the facts of this case, permitted the sentencing court to consider the defendant's juvenile dispositions in Rhode Island Family Court in calculating his criminal history category. We hold that the answer depends on certain factual determinations and the record is not clear enough as to these issues for us to resolve the dispute. We remand for further fact-finding and...

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