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Tag Archives: Downward Departure

Criminal Law: Sentencing-Base-Level Calculation-Downward Departure

Where a defendant challenged his sentence after pleading guilty to a firearm offense, the district court properly calculated the base offense level, and the defendant failed to support his claim of diminished capacity, so the court properly denied the request ...

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Criminal Law: Illegal Reentry-Downward Departure-Substantive Reasonableness of Sentence

Defendant pleaded guilty to illegally reentering the country. Defendant faced a guidelines range of 46-57 months of incarceration. The district court declined to lower defendant’s criminal history score but granted a downward departure of three levels because applicable enhancements overstated ...

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