Court of Appeals for the Ninth Circuit May 5, 1989, 88-5219 (United States v. Pedro Ramirez-De Rosas)

EUGENE A. WRIGHT, Circuit Judge:

Appeal from sentence imposed in excess of sentencing commission guidelines. Affirmed.

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BACKGROUND

At approximately 2:30 a.m., February 10, 1988, Ramirez drove a van through the San Clemente checkpoint into the United States. An agent motioned him to stop. Ramirez slowed as if to stop but then accelerated northbound on 1-5 away from the checkpoint.