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U.S. v. MALDONADO

Nos. 00-1429, 00-1513.

242 F.3d 1 (2001)

UNITED STATES of America, Appellee/Cross-Appellant, v. Guillermo MALDONADO, Defendant, Appellant/Cross-Appellee.

United States Court of Appeals, First Circuit.

Decided February 23, 2001.

Attorney(s) appearing for the Case

Mark B. Laroche, by appointment of the court, for defendant.

Donald C. Lockhart, Assistant United States Attorney, with whom Margaret E. Curran, United States Attorney, and Kenneth P. Madden, Assistant United States Attorney, were on consolidated brief for the United States.

Before TORRUELLA, Chief Judge, BOUDIN and LIPEZ, Circuit Judges.

BOUDIN, Circuit Judge.

The question is whether a district court may depart downward to save taxpayers the expense of imprisoning a defendant who is likely to be deported after completing his sentence. In this instance, Guillermo Maldonado (who says his real name is Miguel Angel Soto) pled guilty, in August 1997, to federal charges of possession with intent to distribute cocaine and heroin. 21 U.S.C. § 841(a)(1)(1994). In March 1998, Maldonado was sentenced to...

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