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U.S. v. HERNANDEZ

No. 00-50220.

251 F.3d 1247 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Howard HERNANDEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed May 31, 2001.

Amended December 28, 2001.

Attorney(s) appearing for the Case

Korey House, Elizabeth A. Newman, Office of the Federal Public Defender, Los Angeles, California, for the defendant-appellant.

Miriam A. Krinsky, Maurice M. Suh, Office of the U.S. Attorney, Criminal Division, Los Angeles, California, for the plaintiff-appellee.

Before: PAMELA ANN RYMER, MICHAEL DALY HAWKINS, and RONALD M. GOULD, Circuit Judges.

Argued and Submitted May 7, 2001 — Pasadena, California

RONALD M. GOULD, Circuit Judge:

Howard Hernandez appeals the thirty-six month sentence imposed by the district court following his guilty plea to (1) conspiracy to affect interstate commerce by extortion; (2) extortion; and (3) filing a false tax return. Hernandez argues that the district court failed to provide adequate notice of its intention to depart upward at sentencing, as required by Federal...

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