U.S. v. BELTRAN

No. 08-2191.

571 F.3d 1013 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Alejandro BELTRAN, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

June 12, 2009.


Attorney(s) appearing for the Case

Erlinda O. Johnson, Law Office of Erlinda Ocampo Johnson, LLC, Albuquerque, NM, for Defendant-Appellant.

David N. Williams, Assistant United States Attorney, (Gregory J. Fouratt, United States Attorney for the District of New Mexico, with him on the brief), Albuquerque, NM, for Plaintiff-Appellee.

Before KELLY and LUCERO, Circuit Judges, and EAGAN, District Judge.


EAGAN, District Judge.

Defendant-Appellant Alejandro Beltran pled guilty to conspiracy to distribute 100 grams of more of heroin in violation of 21 U.S.C. § 846 and was sentenced to 151 months in prison. On appeal, Defendant contends that the district court erred when it denied his motion for a variance based on alleged sentencing factor manipulation. He argues that the district court was not bound by the more rigid standard for a downward departure for claims...

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