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U.S. v. CIRILO-MUNOZ

No. 05-2469.

504 F.3d 106 (2007)

UNITED STATES, Appellee, v. Ernesto CIRILO-MUÑOZ, a/k/a Nesty, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided October 2, 2007.

Attorney(s) appearing for the Case

Mark Diamond, for appellant.

Germán A. Rieckehoff, Assistant United States Attorney, with whom H.S. Garcia, United States Attorney, and Nelson Pérez-Sosa, Assistant United States Attorney, were on brief, for appellee.

Before TORRUELLA, LYNCH, and LIPEZ, Circuit Judges.

PER CURIAM.

It is the decision of the court, by vote of the majority, that Ernesto Cirilo-Muñoz's sentence is vacated and remanded. One judge votes for that remand because of his view that the sentence imposed is unreasonable and that the explanation for it is inadequate. The other judge votes for remand because of the inadequacy of the sentencing explanation. One judge dissents from this remand decision.

The majority of the court has rejected defendant...

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