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U.S. v. LOPEZ-PASTRANA

No. 00-10146.

244 F.3d 1025 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Reynaldo LOPEZ-PASTRANA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 28, 2001.

Attorney(s) appearing for the Case

Michael K. Powell, Assistant Federal Public Defender, Reno, Nevada, for the defendant-appellant.

Craig Denney, Assistant United States Attorney, Reno, Nevada, for the plaintiff-appellee.

Before: SNEED, GRABER, and PAEZ, Circuit Judges.

Argued and Submitted January 12, 2001 — San Francisco, California.

SNEED, Circuit Judge:

Reynaldo Lopez-Pastrana appeals his sentence of eighty months imprisonment entered pursuant to a guilty plea to a single count of violating 8 U.S.C. § 1326 (Illegal Reentry). Lopez-Pastrana contends that the district court misapplied the Sentencing Guidelines and arrived at an improper criminal history score. We vacate the sentence and remand for re-sentencing...

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