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U.S. v. GALVAN-ZERMENO

No. 98-30041.

52 F.Supp.2d 922 (1999)

UNITED STATES of America, Plaintiff, v. Rito Alfonso GALVAN-ZERMENO, Defendant.

United States District Court, C.D. Illinois, Springfield Division.

May 21, 1999.

Attorney(s) appearing for the Case

Patrick J. Chesley, Springfield, IL, for plaintiff.

David B. Mote, Springfield, IL, Joseph S. Miller, Springfield, IL, for defendant.

OPINION

RICHARD MILLS, District Judge.

Is a downward departure warranted when an illegal alien's sentence is enhanced because he is "found" while incarcerated for another offense committed after his illegal reentry into the United States?

Yes.

This cause comes before the Court following Defendant's Sentencing. Defendant pled guilty on October 20, 1998, to the charge of reentry by a deported alien, in violation of 8 U.S.C. § 1326...

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