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U.S. v. CUEVAS-GOMEZ

No. 94-30365.

61 F.3d 749 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Leopaldo CUEVAS-GOMEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 9, 1995.

Attorney(s) appearing for the Case

Thomas W. Hillier, II, Federal Public Defender, Seattle, WA, for defendant-appellant.

Donald M. Reno, Jr., Asst. U.S. Atty., Seattle, WA, for plaintiff-appellee.

Before: FARRIS, NOONAN, and HAWKINS, Circuit Judges.

MICHAEL DALY HAWKINS, Circuit Judge:

We consider here whether a district court has discretionary authority to depart downward from the sentence mandated by United States Sentencing Guideline ("USSG") § 2L1.2(b)(2), which requires a 16-level upward adjustment for immigration defendants convicted of aggravated felonies. At sentencing, in response to defense counsel's question, the district court stated that it lacked authority to depart in this case. The court...

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