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U.S. v. NAVARRO

No. 99-3884.

218 F.3d 895 (2000)

UNITED STATES of America, Appellee, v. Jesus NAVARRO, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: July 17, 2000.

Attorney(s) appearing for the Case

Mark C. Meyer, Cedar Rapids, IA, argued, for Appellant.

Patrick J. Reinert, Cedar Rapids, IA, argued (C.J. Williams, on the brief), for Appellee.

Before: RICHARD S. ARNOLD and HEANEY, Circuit Judges, and MAGNUSON, District Judge.

RICHARD S. ARNOLD, Circuit Judge.

The defendant appeals the District Court's2 denial of his motion to depart downward from the Sentencing Guidelines. He argues that the decision not to depart subjected him to harsher punishment simply because of his alienage, and that his case is reviewable on appeal because (1) the Court based its denial of departure on a clearly erroneous factual finding; and (2) because the Court's decision has an unconstitutional...

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