U.S. v. LARA-BANDA

No. 91-3607.

972 F.2d 958 (1992)

UNITED STATES of America, Appellee, v. Jose LARA-BANDA, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided August 14, 1992.


Attorney(s) appearing for the Case

John L. Lane, Cedar Rapids, Iowa, argued, for appellant.

Ana Maria Martel, Asst. U.S. Atty., Cedar Rapids, Iowa, argued, for appellee.

Before BOWMAN and LOKEN, Circuit Judges, and LARSON, Senior District Judge.


LARSON, Senior District Judge.

The United States Sentencing Commission, Guidelines Manual sets forth a detailed and complex framework by which the federal courts ascertain appropriate sentences in criminal cases. In this appeal, the issue is the proper procedure to be followed in imposing a sentence which is an upward departure from the framework of the sentencing guidelines.

Appellant Jose Lara-Banda pled guilty to re-entering and remaining in the United...

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