U.S. v. RODRIGUEZ-VELARDE

No. 96-2292.

127 F.3d 966 (1997)

UNITED STATES of America, Plaintiff-Appellant, v. Raphael RODRIGUEZ-VELARDE, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

October 17, 1997.


Attorney(s) appearing for the Case

John J. Kelly, United States Attorney, James T. Martin, Assistant United States Attorney, Albuquerque, NM, for Plaintiff-Appellant.

Timothy M. Padilla, Albuquerque, New Mexico, Vernon E. Peltz, Tucson, AZ, for Defendant-Appellee.

Before BRORBY, BARRETT, and MURPHY, Circuit Judges.


MURPHY, Circuit Judge.

The only issue on appeal is whether the district court abused its discretion in granting a downward departure from the sentencing range prescribed by the United States Sentencing Guidelines (U.S.S.G.) based on defendant's family responsibilities. We conclude that the circumstances presented here do not support the departure and, therefore, we reverse.1

On August 8, 1996, defendant pleaded guilty to Count...

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