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U.S. v. HERNANDEZ-MONTEALEGRE

Criminal Nos. 3:06CR9, 3:06CR12.

445 F.Supp.2d 646 (2006)

UNITED STATES of America v. Samuel HERNANDEZ-MONTEALEGRE, Ronaldo Estuardo Paniagua-Martinez, Defendants.

United States District Court, E.D. Virginia, Richmond Division.

August 17, 2006.

Attorney(s) appearing for the Case

Mary Elizabeth Maguire, Office of the Federal Public Defender, Richmond, VA, Frank W. Dunham, Jr., Office of the Public Defender, Alexandria, VA, for Defendants.

Sara Elizabeth Flannery, G. Wingate Grant, United States Attorney's Office, Richmond, VA, for United States of America.

MEMORANDUM OPINION

PAYNE, District Judge.

On August 17, 2006, in separate cases, the Court sentenced Samuel Hernandez-Montealegre ("Hernandez-Montealegre") and Ronaldo Estuardo Paniagua-Martinez ("Paniagua-Martinez"). In both sentencings, the Defendants moved for two-level departures under U.S.S.G. § 5K2.0 based on their consent to deportation and waiver of rights with respect to deportation. The Defendants also moved for non-guideline sentences based...

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