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U.S. v. KORTGAARD

No. 03-10421.

425 F.3d 602 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Laron Kevin KORTGAARD, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Submission Withdrawn January 11, 2005.

Resubmitted August 30, 2005.

Filed September 21, 2005.

Attorney(s) appearing for the Case

David F. Klein, Esq., Honolulu, HI, for the defendant-appellant.

Michael K. Kawahara, Assistant United States Attorney, Honolulu, HI, for the plaintiff-appellee.

Before: BRUNETTI, GRABER, and BYBEE, Circuit Judges.

BRUNETTI, Circuit Judge.

Laron Kevin Kortgaard appeals his conviction and sentence for manufacturing marijuana. We have jurisdiction under 28 U.S.C. § 1291. We affirmed Kortgaard's conviction in an unpublished Memorandum and deferred submission of the sentencing issues. United States v. Kortgaard, 119 Fed.Appx. 148 (9th Cir.2005). We now hold that upward departures under § 4A1.3 of the United States Sentencing

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