U.S. v. ALEJO-ALEJO

No. 01-4548.

286 F.3d 711 (2002)

UNITED STATES of America, Plaintiff-Appellant, v. Daniel ALEJO-ALEJO, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided April 16, 2002.


Attorney(s) appearing for the Case

ARGUED: Lawrence Patrick Auld, Assistant United States Attorney, Greensboro, North Carolina, for Appellant. William Carlton Ingram, Jr., First Assistant Federal Public Defender, Greensboro, North Carolina, for Appellee. ON BRIEF: Benjamin H. White, Jr., United States Attorney, Arnold L. Husser, Assistant United States Attorney, Greensboro, North Carolina, for Appellant. Louis C. Allen, III, Federal Public Defender, Greensboro, North Carolina, for Appellee.

Before WILKINSON, Chief Judge, and MICHAEL and TRAXLER, Circuit Judges.


Vacated and remanded by published opinion. Chief Judge WILKINSON wrote the majority opinion, in which Judge TRAXLER joined. Judge MICHAEL wrote a dissenting opinion.

OPINION

WILKINSON, Chief Judge.

Daniel Alejo-Alejo pleaded guilty to one count of being an illegal alien found in the United States after deportation, in violation of 8 U.S.C. § 1326(a) and (b)(2). At the sentencing hearing, the district court departed downward from the applicable...

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