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U.S. v. PACHECO-OSUNA

No. 93-50199.

23 F.3d 269 (1994)

UNITED STATES of America, Plaintiff-Appellant, v. Alejandro PACHECO-OSUNA, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided May 2, 1994.

Attorney(s) appearing for the Case

Alberto A. Arevalo, Asst. U.S. Atty., San Diego, CA, for plaintiff-appellant.

Gretchen C. von Helms, Federal Defenders of San Diego, Inc., San Diego, CA, for defendant-appellee.

Before: HALL, LEAVY, and FERNANDEZ, Circuit Judges.

Opinion by Judge FERNANDEZ.

FERNANDEZ, Circuit Judge:

Alejandro Pacheco-Osuna pled guilty to being a deported alien found in the United States. See 8 U.S.C. § 1326(a). At sentencing, the district court departed downward because, as it said, when Pacheco was arrested he may have been stopped without good cause. The United States appealed that departure. We vacate the sentence and remand.

BACKGROUND

Pacheco was deported from this...

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