U.S. v. OLIVARES

No. 05-3058.

473 F.3d 1224 (2006)

UNITED STATES of America, Appellee v. Guidel OLIVARES, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided December 19, 2006.


Attorney(s) appearing for the Case

Andrew J. Delehanty, appointed by the court, argued the cause and filed the briefs for appellant.

David B. Goodhand, Assistant U.S. Attorney, argued the cause for appellee. With him on the brief were Kenneth L. Wainstein, U.S. Attorney at the time the brief was filed, and Roy W. McLeese, III and Barbara E. Kittay, Assistant U.S. Attorneys.

Before: GINSBURG, Chief Judge, and ROGERS and KAVANAUGH, Circuit Judges.


Opinion for the Court filed by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

Guidel Olivares appeals the judgment of conviction on the ground that the district court erred in denying his request for a downward adjustment of four levels under Sentencing Guidelines § 3B1.2 because of his minimal role in the charged conspiracy and in denying a downward departure of six months because he was an alien facing deportation. Upon examining our standard of review...

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