United States of America, Plaintiff-appellee, v. Silvino Gonzales-sanchez, Aka Guadalupe Robles-delgado, Akasaul Acosta-ortiz, Defendant-appellant, 39 F.3d 1189 (9th Cir. 1994)

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US Court of Appeals for the Ninth Circuit - 39 F.3d 1189 (9th Cir. 1994)

Submitted Oct. 17, 1994. *Decided Oct. 27, 1994

Before: BROWNING, FARRIS, and LEAVY, Circuit Judges.


Silvino Gonzales-Sanchez appeals his sentence under the Sentencing Guidelines imposed following his guilty plea to illegal re-entry, in violation of 18 U.S.C. §§ 1326(a) and 1326(b) (1). Gonzales contends that the imposition of a sixty-month sentence violated due process and principles of estoppel where the Immigration and Naturalization Service had erroneously informed him, at the time of his two previous deportations, that the maximum prison term for a subsequent illegal re-entry would be two years. This court rejected the same contentions in United States v. Ullyses-Salazar, 28 F.3d 932 (9th Cir. 1994) (petition for rehearing and for rehearing en banc denied, September 26, 1994).



The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a); 9th Cir.R. 34-4


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