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U.S. v. HERNANDEZ-CASTELLANOS

No. 01-10301.

287 F.3d 876 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Manuel HERNANDEZ-CASTELLANOS, aka Manuel Francisco Hernandez-Castellanos, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed April 25, 2002.

Attorney(s) appearing for the Case

Douglas R. Zanes, Reyna & Zanes, Tucson, AZ, for the defendant-appellant.

Christina M. Cabanillas, Assistant United States Attorney, Tucson, AZ, for the plaintiff-appellee.

Before BEEZER, THOMAS, and W. FLETCHER, Circuit Judges.

THOMAS, Circuit Judge.

Manuel Hernandez-Castellanos appeals the 46-month sentence he received after pleading guilty to illegal reentry in violation of 8 U.S.C. § 1326. He contends that the district court erred in concluding that his prior Arizona conviction for felony endangerment constitutes an aggravated felony and in refusing to depart downward. We lack jurisdiction to review the district court's discretionary decision not to depart downward, but we agree...

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