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U.S. v. CLASE-ESPINAL

No. 96-1881.

115 F.3d 1054 (1997)

UNITED STATES of America, Appellee, v. Gerardo CLASE-ESPINAL, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided June 19, 1997.

Attorney(s) appearing for the Case

Owen S. Walker, Boston, MA, with whom Federal Defender Office was on brief, for appellant.

Donald L. Cabell, Assistant United States Attorney, Boston, MA, with whom Donald K. Stern, United States Attorney, was on brief, for appellee.

Before SELYA, CYR and LYNCH, Circuit Judges.

CYR, Circuit Judge.

Gerardo Clase Espinal ("Clase") appeals the sentence imposed upon him for unlawful reentry following deportation. See 8 U.S.C. § 1326(a). The appeal centers upon a novel government motion for downward departure under U.S.S.G. § 5K2.0, which the district court rejected. We affirm.

I

BACKGROUND

A citizen of the Dominican Republic, Clase was first deported from the United States on February 4, 1994...

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