No. 00-10013.

259 F.3d 1140 (2001)

UNITED STATES of America, Plaintiff-Appellant, v. Miguel Trinidad-Aquino, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Submission Vacated May 8, 2001.

Resubmitted June 8, 2001

Filed August 8, 2001

Attorney(s) appearing for the Case

Michael A. Rotker (argued), Assistant United States Attorney, San Francisco, California, and Lisa Simotas, Criminal Division, U.S. Department of Justice, Washington, D.C., for the Plaintiff-Appellant.

Steven Kalar (argued), Assistant Public Defender, San Francisco, California, for the Defendant-Appellee.

Before: Alex Kozinski, Michael Daly Hawkins, and Marsha S. Berzon, Circuit Judges.

Argued and Submitted November 13, 2000 — San Francisco, California.

HAWKINS, Circuit Judge:

The government appeals Miguel Trinidad-Aquino's sentence for illegally re-entering the United States following deportation, a violation of 8 U.S.C. § 1326. We are asked to decide whether Trinidad-Aquino should have received a sixteen-level increase in base offense level under Sentencing Guidelines § 2L1.2(b)(1)(A) because he was previously deported...

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