United States of America, Plaintiff-appellee, v. Antonio Cepeda-espinoza, Defendant-appellant, 952 F.2d 407 (9th Cir. 1991)

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US Court of Appeals for the Ninth Circuit - 952 F.2d 407 (9th Cir. 1991) Dec. 26, 1991

Before JAMES R. BROWNING, BOOCHEVER and REINHARDT, Circuit Judges.


ORDER

Subsequent to the district court's sentencing of Cepeda-Espinoza, this court sitting en banc decided United States v. Lira-Barazza, 941 F.2d 745 (9th Cir. 1991), holding that judges should give reasons for the extent of departure from the suggested Guidelines sentence using, when possible, analogy derived from the Guidelines. The district court in the case before us did not have the benefit of Lira-Barazza. We vacate the sentence imposed and remand for resentencing.