UNITED STATES of America, Plaintiff-Appellant,
v.
Francisco ALVAREZ-PINEDA, Defendant-Appellee.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
August 3, 2001.
August 3, 2001.
Attorney(s) appearing for the Case
John Grasty Crews II, Supervisory Assistant United States Attorney (Norman C. Bay, United States Attorney, Robert J. Gorence, Acting United States Attorney, Jason Bowles, Assistant United States Attorney and Terri Abernathy, Special Assistant United States Attorney, with him on the briefs), Las Cruces, New Mexico, for Plaintiff-Appellant.
Marcia J. Milner, Assistant Federal Public Defender (Stephen P. McCue, Federal Public Defender, Shari Lynn Allison, Research and Writing Specialist, with her on the brief), Las Cruces, New Mexico, for Defendant-Appellee.
Before EBEL, Circuit Judge, BRORBY, Senior Circuit Judge and KELLY, Circuit Judge.
United States Court of Appeals, Tenth Circuit.
EBEL, Circuit Judge.
When sentencing Defendant-Appellee Francisco Alvarez-Pineda ("Alvarez") for various drug charges related to his being a "backpacker,"1 the district court departed downward under United States Sentencing Guideline § 5K2.0 on the ground that Alvarez's conduct was "aberrant behavior."2 The Government appeals the departure, arguing that the district...
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