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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 § 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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