United States v. Alfredo Equihua, AKA Jorge Perez-Magana, AKA Alfredo Juarez-Equiha, AKA Alfredo Soto-Torres, AKA Alfredo Equiha-Equiha

15 F.3d 1091 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Alfredo EQUIHUA, aka Jorge Perez-Magana, aka Alfredo Juarez-Equiha, aka Alfredo Soto-Torres, aka Alfredo Equiha-Equiha, Defendant-Appellant. No. 92-50672. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 8, 1993. Decided Jan. 4, 1994. Before: TANG, D.W. NELSON, and LEAVY, Circuit Judges. 1 MEMORANDUM * 2 Alfredo Juarez-Equihua appeals his convictions and sentence for two counts of knowingly transporting undocumented aliens in violation of 8 U.S.C. Sec. 1324 (a)(1)(B). Juarez-Equihua argues that his convictions should be reversed because of prosecutorial misconduct and because the government deported witnesses material to his defense. He also argues that the district court improperly departed upward when determining his sentence. We affirm Juarez-Equihua's convictions but reverse the upward departure and remand for resentencing. I. 3…