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U.S. v. TZOC-SIERRA

No. 03-10490.

387 F.3d 978 (2004)

UNITED STATES of America, Plaintiff-Appellant, v. Juan Humberto TZOC-SIERRA, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed October 13, 2004.

Attorney(s) appearing for the Case

Bruce M. Ferg, Assistant United States Attorney, Tucson, AZ, for appellant.

Marcy Miranda Janes, Brian I. Rademacher, Assistant Federal Public Defenders, Tucson, AZ, for appellee.

Before: SCHROEDER, Chief Judge, CANBY, and TALLMAN, Circuit Judges.

CANBY, Circuit Judge:

The United States appeals the sentence imposed on Juan Humberto Tzoc-Sierra following his guilty plea to conspiracy to possess cocaine with intent to distribute, in violation of 21 U.S.C. § 841(a)(1). The government argues that the district court erred by granting a downward departure based in part on factors forbidden by the United States Sentencing Guidelines ("U.S.S.G."). Applying the new standard of review mandated by the "PROTECT" Act...

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