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U.S. v. VELOZA

No. 95-4407.

83 F.3d 380 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Pedro Nel Cardozo VELOZA, a/k/a Pedro Nel Cardozo-Veloza, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

May 21, 1996.

Attorney(s) appearing for the Case

Bonnie Phillips-Williams Asst. Fed. Public Defender, Kathleen Williams, Federal Public Defender, Miami, for appellant.

Kendall Coffey, U.S. Attorney, Linda Collins Hertz, Anne R. Schultz, Carol Herman, Asst. U.S. Attys., Miami, FL, for appellee.

Before CARNES and BARKETT, Circuit Judges, and DYER, Senior Circuit Judge.

BARKETT, Circuit Judge:

Pedro Nel Cardozo Veloza appeals his sentence following his guilty plea to importation of heroin. Veloza argues that the district court erred in refusing to grant a downward adjustment based upon his minor role in the offense under U.S.S.G. § 3B1.2, and a downward departure based upon his status as a deportable alien under U.S.S.G. § 5K2.0.

Veloza arrived at Miami International Airport on a flight from Colombia. During a Customs...

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