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U.S. v. ALFARO

No. 02-50235.

336 F.3d 876 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Robert Nathan ALFARO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 14, 2003.

Attorney(s) appearing for the Case

Angela M. Krueger, Federal Defenders of San Diego, Inc., San Diego, CA, for the defendant-appellant.

Patrick K. O'Toole, United States Attorney (when brief was filed), Carol C. Lam, United States Attorney (when opinion was filed), Roger W. Haines, Jr., Assistant United States Attorney, San Diego, CA, for the plaintiff-appellee.

Before PREGERSON, TASHIMA and Clifton, Circuit Judges.

OPINION

CLIFTON, Circuit Judge.

Robert Nathan Alfaro was sentenced for having illegally imported certain specified chemicals used in manufacturing a controlled substance. The district court applied a 14-level upward departure that was calculated using a sentencing guideline that did not govern Alfaro's offense. Nor, at the time of the offense, did that guideline cover the chemical for which the departure was applied. Alfaro appeals the sentence, contending...

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