U.S. v. GUERRERO

No. 01-10717.

333 F.3d 1078 (2003)

UNITED STATES of America, Plaintiff-Appellant, v. Ernestina Alegria GUERRERO, aka; Ernestina Guerrero-Alegria, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 27, 2003.


Attorney(s) appearing for the Case

Jerry R. Albert, Assistant United States Attorney, Tucson, Arizona, for the plaintiff-appellant.

Jose M. Lerma, Tucson, Arizona, for the defendant-appellee.

Before BRUNETTI and TASHIMA, Circuit Judges, and EZRA, District Judge.


OPINION

TASHIMA, Circuit Judge.

The United States appeals the district court's sentence imposed upon Ernestina Alegria Guerrero following her guilty plea conviction for conspiracy to possess marijuana with intent to distribute it. On appeal, the government argues that the district court abused its discretion in departing downward on the ground of aberrant behavior under U.S.S.G. § 5K2.20. We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18...

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