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U.S. v. RUIZ-ALONSO

No. 03-50125.

397 F.3d 815 (2005)

UNITED STATES of America, Plaintiff-Appellant, v. Alberto RUIZ-ALONSO, aka Alberto Torrez-Ugaldo, aka Alberto Torrez-Ugalde, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Resubmitted January 31, 2005.

Filed February 11, 2005.

Attorney(s) appearing for the Case

Nancy B. Spiegel, Assistant United States Attorney, Criminal Appeals Section, Los Angeles, CA, for the plaintiff-appellant.

Jonathan D. Libby, Deputy Federal Public Defender, Los Angeles, CA, for the defendant-appellee.

Before BROWNING, RYMER, and GRABER, Circuit Judges.

GRABER, Circuit Judge.

In this illegal reentry case, the United States appeals the district court's decision at sentencing to depart downward by four levels. Defendant Alberto Ruiz-Alonso seeks to dismiss the appeal because of the government's alleged failure to demonstrate that it had "the personal approval of the Attorney General, the Solicitor General, or a deputy solicitor general designated by the Solicitor General"...

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