U.S. v. GONZALEZ-ZOTELO

No. 08-50010.

556 F.3d 736 (2009)

UNITED STATES of America, Plaintiff-Appellant, v. Juan GONZALEZ-ZOTELO, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed January 8, 2009.


Attorney(s) appearing for the Case

David P. Curnow, United States Attorney's Office for the Southern District of California, San Diego, CA, for the plaintiffs-appellants.

Steven Francis Hubachek and Kris J. Kraus, Federal Defenders of San Diego, Inc., San Diego, CA, for the defendant-appellee.

Before: BARRY G. SILVERMAN and CARLOS T. BEA, Circuit Judges, and SUZANNE B. CONLON, District Judge.


SILVERMAN, Circuit Judge:

The government appeals the 30-month sentence the district court imposed on Juan Gonzalez-Zotelo after his conviction for being a deported alien found in the United States in violation of 8 U.S.C. § 1326. The U.S. Attorney's Office did not offer Gonzalez-Zotelo a fast-track plea bargain because of his prior conviction for lewd and lascivious acts with a child. The district court nonetheless gave...

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