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U.S. v. ZUNIGA-LAZARO

No. 03-3866.

388 F.3d 308 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Sergio ZUNIGA-LAZARO, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided November 3, 2004.

Attorney(s) appearing for the Case

Mullen J. Dowdal (argued), Office of the United States Attorney, Madison, WI, for Plaintiff-Appellee.

Brendan Shiller (argued), Chicago, IL, for Defendant-Appellant.

Before MANION, ROVNER, and DIANE P. WOOD, Circuit Judges.

ILANA DIAMOND ROVNER, Circuit Judge.

Sergio Zuniga-Lazaro, a citizen of Mexico, pleaded guilty to being present in the United States without the permission of the Attorney General after previously having been deported. The district court ordered him to serve a prison term of 57 months, a sentence at the top of the range specified by the Sentencing Guidelines. Zuniga-Lazaro appeals, contending that the district court may have denied his request for a downward departure...

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