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U.S. v. YOU

Nos. 03-30420, 03-30421.

382 F.3d 958 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Chang Guo YOU, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Mi Ae Yim, aka Mi Ae Pigman, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 31, 2004.

Attorney(s) appearing for the Case

Michael S. Lahr, Assistant United States Attorney, Helena, AZ, for the plaintiff/appellee.

Palmer A. Hoovestal, Helena, MT, for defendant/appellant You.

Anthony R. Gallagher, Great Falls, MT, for defendant/appellant Yim.

Before HALL, KLEINFELD, and CALLAHAN, Circuit Judges.

CALLAHAN, Circuit Judge:

A federal jury convicted Appellants, Chang Guo You and Mi Ae Yim, of violating 8 U.S.C. § 1324(a)(1)(A)(iii) for harboring illegal aliens. They now appeal their convictions and sentences. You argues that the court erred in (1) denying his motion for a retrial on double jeopardy grounds and (2) declining to grant him a downward departure during sentencing pursuant to U.S.S.G. § 5K2.0 or § 5K2.13. You and Yim both contend that...

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