The following excerpt is from U.S. v. Donathan, 953 F.2d 1388 (9th Cir. 1991):
We have jurisdiction under 28 U.S.C. 1291. The legality of a sentence is reviewed de novo. United States v. Ruiz, 935 F.2d 1033, 1035 (9th Cir.1990). We now reverse the sentence and remand to the district court for an evidentiary hearing.
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