U.S. v. Restrepo, No. 92-1631, No. 1065 (2nd Cir.) (999 F.2d 640) (July 23, 1993) (Judge Amalya Lyle Kearse)
Case held that a district court may not grant a downward departure in anticipation of a defendant's possible post-imprisonment, pre-deportation confinement.
See also U.S. v. Ogbondah, 16 F.3d 498 (2nd Cir. 1994) and U.S. v. Montez-Gaviria, 163 F.3d 697 (2nd Cir. 1998).
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