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U.S. v. LUNA-DIAZ

No. 99-2125.

222 F.3d 1 (2000)

UNITED STATES of America, Appellant, v. Julio César LUNA-DÍAZ, a/k/a Federico Antonio Soto-Pena Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided July 27, 2000.

Attorney(s) appearing for the Case

Donald C. Lockhart, Assistant United States Attorney, Mary E. Rogers, Assistant United States Attorney, with whom Margaret E. Curran, United States Attorney, were on brief, for appellant.

Steven A. Lagana, with whom Lagana & Associates was on brief, for appellee.

Before TORRUELLA, Chief Circuit Judge, BOWNES, Senior Circuit Judge, and LIPEZ, Circuit Judge.

BOWNES, Senior Circuit Judge.

This appeal by the government challenges a sentence imposed by the United States District Court for the District of Rhode Island (Torres, J.). Defendant-Appellee Julio Cesar Luna-Diaz (hereafter "Luna") was convicted of the offense of reentry after deportation. At sentencing, the district court refused to apply a 16-level enhancement for reentry by an alien who had previously been deported following conviction of an aggravated felony...

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