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U.S. v. GUILLEN-ESQUIVEL

No. 07-3089.

534 F.3d 817 (2008)

UNITED STATES of America, Appellant, v. Bismarck GUILLEN-ESQUIVEL, also known as Luis Nieves Perez, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: July 22, 2008.

Attorney(s) appearing for the Case

William Anders Folk, AUSA, argued, Rachel K. Paulose, AUSA, on the brief, Minneapolis, MN for Appellant.

Katherine M. Menendez, AFPD, argued, Manny K. Atwal, on the brief, Minneapolis, MN, for Appellee.

Before LOKEN, Chief Judge, BYE and COLLOTON, Circuit Judges.

BYE, Circuit Judge.

The government appeals the twenty-four month and seven-day sentence given to Bismarck Guillen-Esquivel after he pleaded guilty to document trafficking in violation of 18 U.S.C. § 1028(a)(3) and aggravated identity theft in violation of 18 U.S.C. § 1028A(a)(1). We reverse and remand for resentencing.

I

The Police Department in Worthington, Minnesota, received a tip indicating Guillen-Esquivel was selling birth certificates...

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