U.S. v. RODRIGUEZ-CEBALLOS

No. 03-2208.

365 F.3d 664 (2004)

UNITED STATES of America, Appellant, v. Leonel RODRIGUEZ-CEBALLOS, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: April 29, 2004.

Rehearing and Rehearing Denied June 18, 2004.


Attorney(s) appearing for the Case

Andrew H. Kahl, argued, Asst. U.S. Atty., Des Moines, IA, for appellant.

John P. Messina, argued, Asst. Federal Public Defender, Des Moines, IA, for appellee.

Before MORRIS SHEPPARD ARNOLD, HANSEN and SMITH, Circuit Judges.


Rehearing and Rehearing En Banc Denied June 18, 2004.

SMITH, Circuit Judge.

In this direct criminal appeal, the government challenges the sentence imposed by the district court after Leonel Rodriguez-Ceballos pleaded guilty to illegal reentry following deportation.1 At sentencing, the district court departed downward from a total offense level of 21-which included a 16-level increase based on a prior conviction for an aggravated...

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