U.S. v. NAVARRETE-MEDINA

No. 08-2014.

554 F.3d 1312 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Enrique NAVARRETE-MEDINA, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

February 10, 2009.


Attorney(s) appearing for the Case

Submitted on the briefs: Scott M. Davidson, Albuquerque, NM, for Defendant-Appellant.

Gregory J. Fouratt, United States Attorney, and Terri J. Abernathy, Assistant United States Attorney, Las Cruces, NM, for Plaintiff-Appellee.

Before HENRY, McKAY, and McCONNELL, Circuit Judges.


McKAY, Circuit Judge.

Defendant pled guilty to unauthorized re-entry into the United States as a previously deported alien. Prior to his sentencing hearing, he filed a memorandum requesting a downward departure or variance from the advisory guideline range of seventy-seven to ninety-six months, arguing that a lower sentence was warranted because he had committed the crime of re-entry merely to seek necessary medications for his HIV condition. The district court rejected...

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