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U.S. v. RODRIGUEZ-GONZALES

No. 02-50594.

358 F.3d 1156 (2004)

UNITED STATES of America, Plaintiff-Appellant, v. Elisa RODRIGUEZ-GONZALES, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Submitted February 11, 2004.

Filed February 19, 2004.

Attorney(s) appearing for the Case

Debra W. Yang, Jacqueline Chooljian, Andrea L. Russi, U.S. Attorney's Office, Los Angeles, California, for the plaintiff-appellant.

Maria E. Stratton, Sean K. Kennedy, Federal Public Defenders' Office, Los Angeles, California, for the defendant-appellee.

Before: Alex KOZINSKI, and Thomas G. NELSON, Circuit Judges, and JANE A. RESTANI, Court of International Trade Judge.

Submitted February 11, 2004 Pasadena, California.

OPINION

T.G. NELSON, Circuit Judge:

The Government appeals the district court's sentencing of Defendant Elisa Rodriguez-Gonzales to two consecutive six-month terms for two illegal entries into the United States in violation of 8 U.S.C. § 1325. The Government argues that the court was required to impose the statutory maximum term of twenty-four months' imprisonment for the second violation because...

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