U.S. v. ORTEGA

No. 03-13142. Non-Argument Calendar.

358 F.3d 1278 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Saturnino Lopez ORTEGA, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

December 5, 2003.


Attorney(s) appearing for the Case

Jeffrey Lyn Ertel and Stephanie Kearns, Fed. Pub. Defenders, Fed. Def. Program, Inc., Atlanta, GA, for Defendant-Appellant.

Byung J. Pak, Amy Levin Weil, Atlanta, GA, for Plaintiff-Appellee.

Before BIRCH, DUBINA and WILSON, Circuit Judges.


PER CURIAM:

Saturnino Lopez Ortega appeals his sentence for illegal re-entry after deportation, in violation of 8 U.S.C. § 1326. On appeal, Ortega argues that the district court erroneously believed it lacked the authority to depart downward, and further, that a downward departure was warranted in this case because United States Sentencing Guidelines ("U.S.S.G." or the "Guidelines") § 2L1.2(b)(1)(A) (2002), which provides for a sixteen-level increase in...

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