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U.S. v. INIGUEZ

Nos. 01-50553, 01-50629.

368 F.3d 1113 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Cruz INIGUEZ, aka Cruz Iniguez Garcia, Manuel Martinez, and Cruz Garcia Iniguez, Defendant-Appellant. United States of America, Plaintiff-Appellant, v. Cruz Iniguez, aka Cruz Iniguez Garcia, Manuel Martinez, and Cruz Garcia Iniguez, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed May 26, 2004.

Attorney(s) appearing for the Case

Gerald V. Scotti, Beverly Hills, CA, for the defendant-appellant-cross-appellee, Cruz Iniguez.

Debra W. Yang, Jackie Chooljian, Linda M. Aouate, U.S. Attorney's Office, Santa Ana, CA, for the plaintiff-appellee-cross-appellant, the United States of America.

Before: SCHROEDER, Chief Judge, PREGERSON, RYMER, KLEINFELD, TASHIMA, THOMAS, GRABER, McKEOWN, FISHER, BERZON, and RAWLINSON, Circuit Judges.

Submitted En Banc March 23, 2004.*

McKEOWN, Circuit Judge:

We took this case en banc to clarify the meaning of the term "total punishment" as used in § 5G1.2(d) of the sentencing guidelines ("U.S.S.G." or "Guidelines"). That section permits consecutive or stacked sentences under specified circumstances. We conclude that "total punishment" under § 5G1.2(d) is the sentence chosen by the district court "from the appropriate...

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