United States v. Francisco Javier Marmolejo-Quiroz, AKA Pancho AKA Juan Meza-Amado AKA Luis Enrique Campillo

Good Law
33 F.3d 60·1994 WL 459740·1994 U.S. App. LEXIS 30906
United States Court of Appeals for the Ninth CircuitAugust 24, 199493-10607California1,010 words

Opinion

Opinion

33 F.3d 60 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Francisco Javier MARMOLEJO-QUIROZ, aka Pancho aka Juan Meza-amado aka Luis Enrique Campillo, Defendant-Appellant. No. 93-10607. United States Court of Appeals, Ninth Circuit. Submitted May 11, 1994. * Decided Aug. 24, 1994. Before: CHOY, SKOPIL, and FERGUSON, Circuit Judges. 1 MEMORANDUM ** 2 Francisco Javier Marmolejo-Quiroz appeals his 24-month sentence imposed following his conviction for illegal reentry after deportation, in violation of 8 U.S.C. Sec. 1326 . He contends that the district court erred by departing upward from the United States Sentencing Guidelines range because (1) he did not receive sufficient notice that the district court was considering departure, (2) departure was not warranted, and (3) the degree of departure was unreasonable. We vacate the sentence and remand for resentencing. 3 Marmolejo-Quiroz contends that the district court erred by…

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