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U.S. v. LUA-GUIZAR

No. 10-3042.

656 F.3d 563 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Juan P. LUA-GUIZAR, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 26, 2011.

Attorney(s) appearing for the Case

Helene B. Greenwald (argued), Marc Krickbaum, Attorneys, Office of the United States Attorney, Chicago, IL, for Plaintiff-Appellee.

Carol A. Brook , Helen Kim Skinner (argued), Attorneys, Office of the Federal Defender Program, Chicago, IL, for Defendant-Appellant.

Before EASTERBROOK, Chief Judge, and WOOD and TINDER, Circuit Judges.

WOOD, Circuit Judge.

After Juan Lua-Guizar pleaded guilty to reentering the United States unlawfully following his removal, he asked the district judge to impose a sentence well below the range advised by the sentencing guidelines. Lua-Guizar gave two arguments in favor of this downward adjustment: (1) that his "cultural assimilation," as contemplated in a then-pending amendment to the guidelines, made him eligible for a lower sentence; and (2) that a lighter sentence...

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