Health-related reason for illegal re-entry to U.S. by alien with extensive criminal history is insufficient to justify downward sentence adjustment
SENTENCING United States v. Navarette-Medina, No. 08-2014, ___ F.3d ___ (10th Cir. Feb. 10, 2009)(New Mexico). Appeal of sentence for unauthorized re-entry to United States by previously deported alien. HELD: District court did not abuse its discretion by declining to vary downward from sentencing guidelines based on defendant’s professed health-related reason for unlawful re-entry to United States (i.e., to obtain HIV medications). In light of defendant’s extensive criminal history, district court’s refusal to vary downward was not arbitrary, whimsical, or manifestly unreasonable. Read the opinion here. |
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