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U.S. v. ALVARADO-GUIZAR

No. 02-30220.

361 F.3d 597 (2004)

UNITED STATES of America, Plaintiff-Appellant, v. Rigoberto ALVARADO-GUIZAR, true name Rigoberto Guizar-Alvarado, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed March 22, 2004.

Attorney(s) appearing for the Case

Jane Kirk, Assistant United States Attorney, Yakima, WA, for the plaintiff-appellant.

Edwin F. Alden, Kennewick, WA, for the defendant-appellee.

Before: HUG, GRABER, and CLIFTON, Circuit Judges.

GRABER, Circuit Judge:

In this appeal by the government, we are called on to decide whether a district court may decide not to impose a two-level sentencing enhancement for obstruction of justice, under United States Sentencing Guideline ("U.S.S.G.") § 3C1.1, without making specific findings to support that decision. Our sister circuits are divided on this question, which is one of first impression for the Ninth Circuit. We join the Second and Eighth Circuits...

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