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U.S. v. EVANS-MARTINEZ

No. 05-10280.

530 F.3d 1164 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Jesus Norberto EVANS-MARTINEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 2, 2008.

Attorney(s) appearing for the Case

Peter C. Wolff, Jr., Federal Public Defender and Alexander Silvert, First Assistant Federal Public Defender, Honolulu, HI, for the defendant-appellant.

Edward J. Kubo, Jr., United States Attorney and Lawrence L. Tong, Assistant United States Attorney, Honolulu, HI, for the plaintiff-appellee.

Before: ROBERT R. BEEZER and RAYMOND C. FISHER, Circuit Judges, and ROBERT J. TIMLIN, Senior District Judge.

BEEZER, Circuit Judge:

Defendant Jesus Evans-Martinez was sentenced to 15 years imprisonment after pleading guilty to sexual abuse of a minor, sexual exploitation of minors and witness tampering. Evans-Martinez timely appeals his sentence on the ground that the district court failed to provide adequate notice of its intent to sentence him above the term suggested by the Sentencing Guidelines. Fed.R.Crim.P. 32(h) requires that a district court provide notice of the...

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