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U.S. v. FERNÁNDEZ-CABRERA

No. 09-2655.

625 F.3d 48 (2010)

UNITED STATES of America, Appellee, v. Henry FERNÁNDEZ-CABRERA, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided November 5, 2010.

Attorney(s) appearing for the Case

Stephen Neyman , on brief, for appellant.

Rosa Emilia Rodríguez-Vélez , United States Attorney, Nelson Pérez-Sosa , Chief, Appellate Division, and Luke Cass , Assistant United States Attorney, on brief, for appellee.

Before BOUDIN, SELYA and HOWARD, Circuit Judges.

SELYA, Circuit Judge.

Defendant-appellant Henry Fernández-Cabrera pleaded guilty to one count of illegal reentry into the United States. Eschewing the parties' joint recommendation for a sentence at the bottom of the guideline sentencing range (GSR), the district court sentenced the defendant to 33 months in prison. The defendant now mounts a challenge to both the district court's failure to provide advance notice of its intention not to adopt the joint sentencing...

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