U.S. v. Dalgado-Nunez, No. 01-50438 (5th Cir.) (295 F.3d 494) (June 20, 2002) (Judge Jerry E. Smith)
In a conviction for illegal presence in the U.S., an upward sentence departure under U.S.S.G. § 4A1.3 was proper, based on past "lenient" treatment of defendant's criminal conduct including three DWI convictions with very light sentences.
In a conviction for illegal presence in the U.S., an upward sentence departure under …
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