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U.S. v. HERNANDEZ-DEL VILLAR

No. CR 10-0169 JB.

785 F.Supp.2d 986 (2011)

United States of America, Plaintiff, v. Jaime HERNANDEZ-DEL VILLAR, Defendant.

United States District Court, D. New Mexico.

April 21, 2011.

Attorney(s) appearing for the Case

Kenneth J. Gonzales, United States Attorney, Lynn Wei-Yu Wang, Assistant United States Attorney, Albuquerque, NM, for Plaintiff.

Henry Edward de la Garza, Albuquerque, NM, for Defendant.

MEMORANDUM OPINION AND ORDER

JAMES O. BROWNING, District Judge.

This matter comes before the Court on the Defendant's Motion for Downward Departure Based Upon Cultural Assimilation and Reduction of Recency Points on Criminal History, filed November 2, 2010 (Doc. 32)("Motion"). The Court held a sentencing hearing on November 5, 2010. The primary issues are: (i) whether the Court should depart downward based on cultural assimilation; and (ii) whether...

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