U.S. v. Ebolum, No. 95-5070 (6th Cir.) (72 F.3d 35) (December 21, 1995) (Judge Karen Nelson Moore)
The Court stated: "Absent any credible argument or evidence to the contrary, we must assume that the Sentencing Commission took deportable alien status into account when formulating a guideline that applies almost invariably to crimes, such as 8 U.S.C. ยง 1326, that may be committed only by aliens whose conduct ...
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