United States v. Luis Montenegro-Rojo
Court of Appeals for the Ninth Circuit
1Opinion of the Court
ORDER
The opinion filed April 12,1990, is hereby WITHDRAWN. The opinion submitted herewith shall be filed in its stead.
OPINION
CYNTHIA HOLCOMB HALL, Circuit Judge:
Defendant-Appellant Luis Montenegro-Rojo was convicted of illegal entry into the United States in violation of 8 U.S.C. § 1325(a) (1988). His sentence was governed by the Sentencing Reform Act of 1984 (“the Act”), 18 U.S.C. §§ 3551-3586 (1988). The district court departed upward from the sentence indicated by the Sentencing Guidelines (“the guidelines”) and imposed a sentence of twenty-one months of imprisonment followed by one year…
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