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Pimental v. U.S., No. Civ. No. 96-11943-WGY (D.Mass.) (981 F.Supp. 697) (October 28, 1997) (Judge William G. Young)

Despite citing nine unpublished decisions that have approved the practice, the Court relied on U.S. v. Clase-Espinal, 115 F.3d 1054 (1st Cir. 1997) to hold that a waiver related to alienage and deportability is insufficient as a matter of law to justify a downward departure under the Guidelines.

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