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U.S. v. RAMIREZ-MARQUEZ

No. 03-1789.

372 F.3d 935 (2004)

UNITED STATES of America, Appellant, v. Jesus RAMIREZ-MARQUEZ, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: July 8, 2004.

Rehearing and Rehearing Denied August 18, 2004.

Attorney(s) appearing for the Case

Christian S. Wilton, argued, Asst. U.S. Atty., Minneapolis, MN, for appellant.

Daniel L. Gerdts, argued, Minneapolis, MN, for appellee.

Before MORRIS SHEPPARD ARNOLD, JOHN R. GIBSON, and RILEY, Circuit Judges.

Rehearing and Rehearing En Banc Denied August 18, 2004.

RILEY, Circuit Judge.

The Government appeals the district court's sentencing decision to grant a downward departure to Jesus Ramirez-Marquez (Ramirez-Marquez) for not contesting deportation. For the reasons discussed below, we reverse the district court, vacate the sentence, and remand for resentencing consistent with this opinion.

I. BACKGROUND

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