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U.S. v. MUNOZ-CAMARENA

No. 09-50088.

621 F.3d 967 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Eduardo MUNOZ-CAMARENA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Submitted September 3, 2010.

Filed September 3, 2010.

Attorney(s) appearing for the Case

Caroline Han , Mark R. Rehe , Office of the U.S. Attorney, San Diego, CA, for the plaintiff-appellee.

Erica Kristine Zunkel , Steven Francis Hubachek , Kristi A. Hughes , Federal Public Defenders of San Diego, Inc., San Diego, CA, for the defendant-appellant.

Before BETTY B. FLETCHER, HARRY PREGERSON, and SUSAN P. GRABER, Circuit Judges.

OPINION

PER CURIAM:

Eduardo Munoz-Camarena appeals his 65-month sentence for attempted illegal re-entry after deportation in violation of 8 U.S.C. § 1326(a) & (b). While his appeal was pending, the Supreme Court issued its decision in Carachuri-Rosendo v. Holder, ___ U.S. ___, 130 S.Ct. 2577, 177 L.Ed.2d 68 (2010), which casts doubt on the district court's calculation of the recommended Guidelines sentence...

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