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U.S. v. GONZALEZ-PORTILLO

Nos. 96-3382, 96-3785 and 96-3880.

121 F.3d 1122 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Jose GONZALEZ-PORTILLO, also known as Jose Gonzalez, also known as Vinicio Reyes, also known as Armando Rodriguez, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Juan MARTINEZ-ROJAS, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Jesus A. FUNES, also known as Rodolfo Avila, also known as Jesus A. Funes-Gomez, also known as Jesus A. Gomez-Funes, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 19, 1997.

Attorney(s) appearing for the Case

John H. Campbell, Office of the United States Attorney, Peoria, IL, Rodger A. Heaton (argued), Office of the United States Attorney, Springfield, IL, for Plaintiff-Appellee in Nos. 96-3382, 96-3880.

George F. Taseff (argued), Office of the Federal Public Defender, Peoria, IL, for Defendant-Appellant.

Rodger A. Heaton (argued), Office of the United States Attorney, Springfield, IL, Jeffrey B. Lang, Office of the United States Attorney, Rock Island, IL, for Plaintiff-Appellee in No. 96-3785.

Before ROVNER, DIANE P. WOOD, and EVANS, Circuit Judges.

ILANA DIAMOND ROVNER, Circuit Judge.

Jose Gonzalez-Portillo, Juan Martinez-Rojas and Jesus Alberto Funes were all convicted of violating 8 U.S.C. § 1326, which prohibits deported aliens from returning to the United States without first gaining permission of the Attorney General. At sentencing, the defendants sought and were denied downward departures from the United States Sentencing Guidelines range based on the fact that they were deportable aliens. The defendants...

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