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U.S. v. EBOLUM

No. 95-5070.

72 F.3d 35 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. John U. EBOLUM, a.k.a. Francisco Achamba, a.k.a. Festus Achamba, a.k.a. Festus Francis Ugoh Achamba, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided December 21, 1995.

Attorney(s) appearing for the Case

James E. Arehart, Asst. U.S. Attorney (argued and briefed), Joseph L. Famularo, U.S. Attorney, Lexington, KY, for Plaintiff-Appellee.

F. Dennis Alerding (argued and briefed), Covington, KY, for Defendant-Appellant.

Before: KENNEDY and MOORE, Circuit Judges; POTTER, District Judge.

MOORE, Circuit Judge.

Defendant-Appellant John U. Ebolum ("Ebolum") appeals his sentence because the district court denied his motion for downward departure from the United States Sentencing Guidelines (the "Guidelines") based on his status as a deportable alien. For the reasons stated below, we affirm.

I.

In May 1985, Ebolum (under the name Festus U. Achamba) was convicted of importing heroin. After serving part of his sentence, he was deported...

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