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U.S. v. Marquez-Gallegos, No. 99-1270 (10th Cir.) (217 F.3d 1267) (May 3, 2000) (Judge Arthur L. Alarcon)

Here the Court held that the district court lacked the authority to grant an alien a downward departure from the 16-level enhancement set forth in USSG ยง 2L1.2(b)(1)(A) even though the alien's sentence for that crime had been suspended.

Prior to his arrest for illegal reentry into the United States ...

 

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