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U.S. v. ROMERO-RENDON

No. 99-50137.

198 F.3d 745 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Victor ROMERO-RENDON, aka Pedro Macias, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed December 7, 1999.

Attorney(s) appearing for the Case

Joseph J. Burghardt, Federal Defenders, San Diego, California, for the defendant-appellant.

Roger W. Haines, Jr., Assistant United States Attorney, San Diego, California, for the plaintiff-appellee.

Before: O'SCANNLAIN, FERNANDEZ, and T. G. NELSON, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

We must decide whether the district court abuses its discretion when it enhances a sentence based on the information contained in a Presentence Report the accuracy of which has not been challenged.

I

The U.S. Border Patrol apprehended Victor Romero-Rendon as he attempted to enter the United States illegally on April 28, 1998. Computer checks on him revealed that he had been previously...

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