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U.S. v. FLORES

No. 08-30076.

559 F.3d 1016 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Juan Gabriel FLORES, aka Abraham Goytia, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 18, 2009.

Attorney(s) appearing for the Case

Palmer A. Hoovestal, Hoovestal Law Firm, PLLC, Helena, MT, for the plaintiff-appellant.

Jessica T. Fehr and James E. Seykora, Assistant United States Attorneys, Billings, MT, for the defendant-appellee.

Before: THOMAS M. REAVLEY, Senior Circuit Judge, RICHARD C. TALLMAN and MILAN D. SMITH, JR., Circuit Judges.

REAVLEY, Senior Circuit Judge:

Defendant-Appellant Juan Flores appeals the sentence imposed by the district court, asserting that the Government wrongfully refused to move for a substantial assistance sentencing reduction under U.S.S.G. § 5K1.1, even though he allegedly provided information useful to the investigation of criminal activity, and that the district court erred in denying his request for an evidentiary hearing to evaluate the extent of his assistance...

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