U.S. v. SIERRA-CASTILLO

No. 03-2123.

405 F.3d 932 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Manuel SIERRA-CASTILLO, also known as Manuel Dominguez-Castillo, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

May 3, 2005.


Attorney(s) appearing for the Case

Carlos Ibarra-Aguirre, Assistant Federal Public Defender, Las Cruces, New Mexico, for Defendant-Appellant.

Laura Fashing, Assistant United States Attorney (David C. Iglesias, United States Attorney, with her on the brief), Albuquerque, New Mexico, for Plaintiff-Appellee.

Before SEYMOUR, PORFILIO, and MURPHY, Circuit Judges.


MURPHY, Circuit Judge.

I. INTRODUCTION

Defendant-appellant Manuel Sierra-Castillo pleaded guilty to illegal reentry following a conviction for a felony in violation of 8 U.S.C. § 1326(a)(1)-(2) and 1326(b)(1). On appeal, he argues that the district court erred in denying him downward departures on grounds of exceptional family circumstances and overrepresentation of criminal history. In supplemental briefing, he further argues that his sentence under...

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