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U.S. v. MIRANDA-RAMIREZ

No. 01-4096.

309 F.3d 1255 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Manuel MIRANDA-RAMIREZ, also known as J. Manuel Miranda, also known as Jose Manuel Miranda, also known as Monuel Miranda, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

October 31, 2002.

Attorney(s) appearing for the Case

Robert L. Booker, Booker & Associates, P.C., Salt Lake City, UT, for Defendant-Appellant.

Paul M. Warner, United States Attorney, Laurie J. Sartorio, Assistant United States Attorney, Salt Lake City, UT, for Plaintiff-Appellee.

Before SEYMOUR, PORFILIO, and O'BRIEN, Circuit Judges.

O'BRIEN, Circuit Judge.

Defendant-appellant Jose Manuel Miranda-Ramirez challenges the district court's refusal to depart downward when sentencing him for illegally reentering the United States following deportation for an aggravated felony. We affirm.1

I. Background

Mr. Miranda-Ramirez was convicted in 1988 of possession and conspiracy to distribute cocaine and heroin and using a telephone to facilitate a felony. He...

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