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U.S. v. ALFARO-ZAYAS

No. 99-10279 Non-Argument Calendar.

196 F.3d 1338 (1999)

UNITED STATES of America, Plaintiff-Appellee/ Cross-Appellant, v. Jose ALFARO-ZAYAS, Defendant-Appellant/ Cross-Appellee.

United States Court of Appeals, Eleventh Circuit.

December 2, 1999.

Attorney(s) appearing for the Case

Kathleen M. Williams, Fed. Pub. Defender, Miami, FL, Peter Vincent Birch, Fed. Pub. Defender, West Palm Beach, FL, for Alfaro-Zayas.

Lynn D. Rosenthal, Ft. Lauderdale, FL, Adalberto Jordan, Miami, FL, Kerry S. Baron, West Palm Beach, FL, for U.S.

Before COX, BIRCH and MARCUS, Circuit Judges.

PER CURIAM:

Jose Alfaro-Zayas appeals his seventy-seven month sentence for illegal re-entry into the United States after deportation in violation of 8 U.S.C. §§ 1326(a) and (b)(2). Specifically, he asserts that the district court erred in concluding that it did not have the discretion to depart downward from the recommended sentence as calculated under the United States Sentencing Guidelines.

On December 4, 1998, Alfaro-Zayas pled guilty to re-entry...

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