United States of America, Plaintiff-appellee, v. Ramiro Vargas-castro, Defendant-appellant, 892 F.2d 84 (9th Cir. 1989)

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US Court of Appeals for the Ninth Circuit - 892 F.2d 84 (9th Cir. 1989)

Argued and Submitted Dec. 8, 1989. Decided Dec. 18, 1989


Before GOODWIN, SCHROEDER and O'SCANNLAIN, Circuit Judges.


MEMORANDUM* 

Ramiro Vargas-Castro appeals his sentence, following a guilty plea, for the illegal transport of aliens in violation of 18 U.S.C. § 1324(a) (1) (B). He contests the upward departure from the guideline range of four to ten months to a sentence of two years imprisonment. The departure was based upon Vargas' involvement in a high speed chase and altercation with the border patrol at the time of his arrest.

Our decision is controlled by the recent decision of this court in United States v. Ramirez-De Rosas, 873 F.2d 1177 (9th Cir. 1989) in which we approved an upward departure to thirty months under almost identical circumstances.

AFFIRMED.

 *

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3