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U.S. v. Pena, No. Crim. No. 02-10344-NG (D.Mass.) (268 F.Supp.2d 65) (June 2, 2003) (Judge Nancy Gertner)

The defendant in this case pled guilty to unlawful re-entry of a deported alien, in violation of 8 U.S.C. § 1326 and urged a sentence at the low end of the applicable range. The government moved for an upward departure under U.S.S.G. § 4A.1.3 on the grounds that defendant's criminal ...

 

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