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U.S. v. ALCALA-SANCHEZ

No. 11-50030.

666 F.3d 571 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Sergio ALCALA-SANCHEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed January 10, 2012.

Attorney(s) appearing for the Case

Vincent J. Brunkow and Devin Burstein , Federal Defenders of San Diego, Inc., San Diego, CA, for the defendant-appellant.

Laura E. Duffy , U.S. Attorney, Bruce R. Castetter , Asst. U.S. Attorney, Chief, Appellate Section, Criminal Div., Anne Kristina Perry , (briefed and argued), Asst. U.S. Attorney, San Diego, CA, for plaintiff-appellee.

Before: D.W. NELSON, RONALD M. GOULD, and SANDRA S. IKUTA, Circuit Judges.

OPINION

GOULD, Circuit Judge:

Sergio Alcala-Sanchez ("Alcala") appeals the sentence imposed after he pled guilty to being a deported alien found in the United States in violation of 8 U.S.C. § 1326. Alcala contends that the government breached the plea agreement, notwithstanding the government's later admission that it made a mistake in its initial sentencing recommendation and its substitution of the recommendation...

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