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U.S. v. BASALO

No. 00-10457.

258 F.3d 945 (2001)

UNITED STATES of America, Plaintiff-Appellant, v. Jaime Aberlado BASALO, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 2, 2001.

Attorney(s) appearing for the Case

Patrick D. Robbins, Assistant U.S. Attorney, Office of the U.S. Attorney, San Francisco, California, for the plaintiff-appellant.

Gail Shifman, Esq., San Francisco, California, for the defendant-appellee.

Before: Mary M. Schroeder, Chief Judge, J. Clifford Wallace, and Richard C. Tallman, Circuit Judges.

Argued and Submitted February 15, 2001 — San Francisco, California.

WALLACE, Circuit Judge:

The government appeals from Basalo's sentence, requesting that it be reversed due to a downward departure of eight levels from the applicable Sentencing Guidelines range. The district court determined that such departure was warranted because "Basalo was prejudiced by two unusual post offense circumstances-failure of...

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