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U.S. v. MELENDEZ-TORRES

No. 04-1914.

420 F.3d 45 (2005)

UNITED STATES of America, Appellee, v. Geraldo Martín MELÉNDEZ-TORRES, a/k/a Gerald Meléndez, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided August 25, 2005.

Attorney(s) appearing for the Case

Marvin H. Glazier, with whom Vafiades, Brountas & Kominsky, were on brief, for appellant.

Margaret D. McGaughey, Assistant United States Attorney, Appellate Chief, with whom Paula D. Silsby, United States Attorney, was on brief, for appellee.

Before: TORRUELLA, LYNCH and HOWARD, Circuit Judges.

TORRUELLA, Circuit Judge:

Defendant-appellant Gerardo Martín Meléndez-Torres appeals his conviction and sentence, following a bench trial, for re-entering the United States after deportation due to a manslaughter conviction, in violation of 8 U.S.C. § 1326(a). Specifically, Meléndez challenges (1) the sufficiency of the evidence for his conviction, (2) the district court's refusal to grant a downward departure from the Sentencing Guidelines based...

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