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U.S. v. GONZALEZ-ALVARADO

No. 06-1613.

477 F.3d 648 (2007)

UNITED STATES of America, Plaintiff-Appellant, v. Melvin Alexander GONZALEZ-ALVARADO, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: February 26, 2007.

Attorney(s) appearing for the Case

Joel W. Barrows, argued, Rock Island, IL, for appellant.

Kevin Ray Cmelik, Attorney Federal Public Defender, argued, Davenport, IA, for appellee.

Before MURPHY, ARNOLD, and BENTON, Circuit Judges.

BENTON, Circuit Judge.

Melvin Alexander Gonzalez-Alvarado pled guilty to one count of illegally reentering the United States. The district court granted his motion for a downward departure, and then varied from the guideline range. The government appeals, claiming an unreasonable variance from the guideline range. Having jurisdiction under 18 U.S.C. § 3742(b) and 28 U.S.C. § 1291, this court reverses and remands.

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