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U.S. v. ALCAREZ CAMACHO

No. 02-50447.

340 F.3d 794 (2003)

UNITED STATES of America, Plaintiff-Appellant, v. Gilberto ALCAREZ CAMACHO, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 15, 2003.

Attorney(s) appearing for the Case

Bruce H. Searby, Assistant United States Attorney, Los Angeles, CA, for the plaintiff-appellant.

Davina T. Chen, Assistant Federal Public Defender, Los Angeles, CA, for the defendant-appellee.

Before: TASHIMA, BERZON, and CLIFTON, Circuit Judges.

OPINION

TASHIMA, Circuit Judge:

The United States appeals the sentence imposed upon Gilberto Camacho following his guilty plea to one count of failure to appear, in violation of 18 U.S.C. § 3146. The government contends that the district court erred by failing to sentence Camacho under the United States Sentencing Guidelines. We agree and therefore reverse. Our jurisdiction is pursuant to 18 U.S.C. § 3742 and 28 U.S.C. § 1291.

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