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U.S. v. KELLY

No. CR 10-2057 JB.

792 F.Supp.2d 1170 (2011)

UNITED STATES of America, Plaintiff, v. Cody KELLY, Defendant.

United States District Court, D. New Mexico.

May 17, 2011.

Attorney(s) appearing for the Case

Kenneth J. Gonzales , United States Attorney, Paige Messec , Assistant United States Attorney, United States Attorney's Office, Albuquerque, NM, for the Plaintiff.

D. Chipman "Chip" Venie , The Law Firm of Chip Venie, Albuquerque, NM, for the Defendant.

MEMORANDUM OPINION AND ORDER

JAMES O. BROWNING, District Judge.

THIS MATTER comes before the Court on the Defendant's Sentencing Memorandum, filed March 7, 2011 (Doc. 49). The Court held a sentencing hearing on March 11, 2011. The primary issues are: (i) whether the Court should depart downward, pursuant to U.S.S.G. § 4A1.3, because Defendant Cody Kelly's criminal history is overrepresented in his Presentence Investigation Report...

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