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U.S. v. GARCIA

Docket No. 97-1554.

166 F.3d 519 (1999)

UNITED STATES of America, Appellee, v. Fatima GARCIA, a/k/a Fatima Garcia-Nuine, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided February 2, 1999.

Attorney(s) appearing for the Case

Richard Jasper, New York, NY, for Defendant-Appellant.

Jennifer L. Borum, Assistant United States Attorney for the Southern District of New York (Mary Jo White, United States Attorney, and Dietrich L. Snell, Assistant United States Attorney, of counsel), for Appellee.

Before: CABRANES and STRAUB, Circuit Judges, and McCURN, District Judge.

PER CURIAM:

Fatima Garcia appeals from the sentence imposed by the United States District Court for the Southern District of New York (Michael B. Mukasey, Judge) after Garcia pled guilty to illegal re-entry following deportation subsequent to a conviction for an aggravated felony, in violation of 8 U.S.C. § 1326. The District Court denied Garcia's motion for a downward departure based on physical condition (U.S.S.G. § 5H1.4) and imposed a sentence...

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