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UNITED STATES v. MURILLO

No. 07-50462.

548 F.3d 1256 (2008)

UNITED STATES of America, Plaintiff-Appellant, v. Augustine Garcia MURILLO, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed December 1, 2008.

Attorney(s) appearing for the Case

Thomas C. O'Brian, United States Attorney, and Christine C. Ewell, Anne M. Voights, Assistant United States Attorney, Los Angeles, CA, for the plaintiff-appellant.

Sean K. Kennedy, Federal Public Defender, and Richard D. Goldman, Deputy Federal Public Defender, Los Angeles, CA, for the defendant-appellee.

Before: PAMELA ANN RYMER and MILAN D. SMITH, JR., Circuit Judges, and EDWARD R. KORMAN, District Judge.

ORDER

The United States appeals the sentence imposed following Augustine Garcia Murillo's guilty plea to being an illegal alien found in the United States following deportation in violation of 8 U.S.C. § 1326. The district court imposed a suspended sentence and then placed the defendant on probation for five years with a condition that he spend twelve months in custody during the probationary period. We reverse the...

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