U.S. v. LOPEZ-SALAS

Nos. 00-3935, 00-3967.

266 F.3d 842 (2001)

UNITED STATES of America, Appellant, v. Nolberto LOPEZ-SALAS, Appellee. United States of America, Appellant, v. Jesse V. Ramos, also known as Eleasar Andrade, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: September 17, 2001.


Attorney(s) appearing for the Case

Susan T. Lehr, argued, Omaha, NE, for appellant.

Mary H. Buckley, argued (Jennifer L. Gilg, on the brief), for appellee.

BEFORE: MURPHY, HEANEY, and BEAM, Circuit Judges.


BEAM, Circuit Judge.

Appellees were convicted of unrelated drug offenses. Before sentencing, the Immigration and Naturalization Service (INS) filed a detainer against each, indicating they would be deported upon completion of their sentences. The district court departed downward because the appellees would not be eligible to spend the last six months of their sentence in a half-way house, nor would they be eligible for early release upon successful completion of a...

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