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U.S. v. GUTIERREZ-SANCHEZ

No. 08-50254.

559 F.3d 1088 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Hugo GUTIERREZ-SANCHEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 23, 2009.

Attorney(s) appearing for the Case

Norma A. Aguilar, Federal Defenders of San Diego, Inc., San Diego, CA, for appellant Hugo Gutierrez-Sanchez.

Karen P. Hewitt, United States Attorney; Bruce R. Castetter, Assistant United States Attorney, Chief Appellate Section, Criminal Division; Douglas Keehn and Mark R. Rehe, Assistant United States Attorneys, San Diego, CA, for appellee United States of America.

Before: CARLOS T. BEA, DANIEL M. FRIEDMAN, and SANDRA S. IKUTA, Circuit Judges.

OPINION

FRIEDMAN, Circuit Judge:

The appellant Hugo Gutierrez-Sanchez challenges his sentence primarily because, although he pleaded guilty to an offense for which the United States Sentencing Guidelines ("the Guidelines") recommended a particular sentence, he was given a more severe sentence that the Guidelines recommended for a related, more serious offense. The Guidelines, however, provide that if a plea agreement "specifically establishes the commission...

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