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U.S. v. RIVAS-GONZALEZ

No. 03-30167.

365 F.3d 806 (2004)

UNITED STATES of America, Plaintiff-Appellant, v. Ernesto Rivas-Gonzalez, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed April 22, 2004.

Attorney(s) appearing for the Case

William Mercer (argued), United States Attorney, Billings, Montana, for the plaintiff-appellant.

Melissa Harrison (argued), Assistant Federal Defender, Missoula, Montana, for the defendant-appellee.

David Avery, Research Attorney, Federal Defenders of Montana, Missoula, Montana, for the defendant-appellee.

Before: KLEINFELD, GOULD, and TALLMAN, Circuit Judges.

Argued and Submitted December 3, 2003 — Seattle, Washington.

GOULD, Circuit Judge:

The United States appeals a decision of the district court to depart downward by eight levels in sentencing an alien who was charged with illegal reentry after having been previously removed. We have jurisdiction under 18 U.S.C. § 1291 and we reverse.

I

Ernesto Rivas-Gonzalez ("Rivas") is a forty-five year old Mexican national who first entered...

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