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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. ยง 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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