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U.S. v. LOPEZ-ZAMORA

No. 03-50304.

392 F.3d 1087 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Luis LOPEZ-ZAMORA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed December 29, 2004.

Attorney(s) appearing for the Case

Mazda K. Antia, Cooley Godward LLP, San Diego, CA, for the appellant.

Kyle W. Hoffman and Karl A. Sandoval, U.S. Attorney's Office, San Diego, CA, for the appellee.

Before: TASHIMA, McKEOWN, and BYBEE, Circuit Judges.

McKEOWN, Circuit Judge:

For the second time, Jose Luis Lopez-Zamora appeals his sentence for attempted entry into the United States after having been deported. Prior to Lopez-Zamora's second sentencing hearing, he sought downward departures on multiple grounds. The district court granted a downward departure for over-representation of criminal history. Lopez-Zamora contends that the district court erred by not recognizing its discretion to grant a separate departure...

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