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U.S. v. BANUELOS-RODRIGUEZ

No. 96-50297.

173 F.3d 741 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Roseli BANUELOS-RODRIGUEZ, aka: Rogelio Banuelos-Rodriguez, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided April 6, 1999.

Attorney(s) appearing for the Case

Carlton F. Gunn, Deputy Federal Public Defender, Los Angeles, California, for defendant-appellant.

Jean Rosenbluth, Assistant United States Attorney (argued), Terri A. Law, Assistant United States Attorney (on the briefs), Los Angeles, California, for plaintiff-appellee.

Before: FLETCHER and PREGERSON, Circuit Judges, and WEXLER, District Judge.

Opinion by Judge PREGERSON; Dissent by Judge WEXLER.

PREGERSON, Circuit Judge:

Rogelio Banuelos-Rodriguez pled guilty to illegally reentering the United States after being deported, in violation of 8 U.S.C. § 1326. He was sentenced to a prison term of seventy months. At sentencing, he argued for a downward departure from the applicable range under the Sentencing Guidelines. He contended that he was entitled to downward departure because of a sentencing...

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