U.S. v. CASTILLO-CASIANO

No. 98-50589.

198 F.3d 787 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Omar CASTILLO-CASIANO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed December 28, 1999.


Attorney(s) appearing for the Case

Mark S. Windsor, Federal Defenders of San Diego, Inc., San Diego, California, for the defendant-appellant. Melanie K. Pierson, Assistant United States Attorney, San Diego, California, for the plaintiff-appellee.

Before: D.W. NELSON, REINHARDT, and TROTT, Circuit Judges.


REINHARDT, Circuit Judge:

Omar Castillo-Casiano pled guilty to one count of illegal reentry in violation of 8 U.S.C. § 1326, and now appeals his sentence. He contends that the district court erred in failing to depart downward from the sentencing guidelines range on the basis of the nature and circumstances of his underlying aggravated felony conviction. At the time of his sentencing, Ninth Circuit law precluded a departure on that basis. An intervening en banc...

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