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U.S. v. FUENTES

No. 02-2292.

341 F.3d 1216 (2003)

UNITED STATES of America, Plaintiff-Appellant, v. Rudi Ismael FUENTES, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

August 29, 2003.

Attorney(s) appearing for the Case

David C. Iglesias, United States Attorney, and Laura Fashing, Assistant U.S. Attorney, Albuquerque, New Mexico, for Plaintiff-Appellant.

Rosanne Camunez, Las Cruces, New Mexico, for Defendant-Appellee.

Before SEYMOUR, MURPHY and O'BRIEN, Circuit Judges.

SEYMOUR, Circuit Judge.

The government appeals the sentence imposed upon defendant Rudi Ismael Fuentes, alleging error relating to a downward departure. For the reasons set forth below, we vacate Mr. Fuentes' sentence and remand for resentencing.1

I

Mr. Fuentes pled guilty to an information charging him with one count of illegal reentry after deportation subsequent to...

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