United States Tenth Circuit

In appeals from illegal reentry conviction and sentence, 1) failure to grant a one-level reduction sua sponte under U.S.S.G. section 3E1.1(b)(1) was not plain error, and 2) no appellate jurisdiction exists over rejection of motions for downward departure based on trial court's discretion.

Appellate Information

• Decided 05/15/2003
• Published 05/15/2003

Judges

• LUNGSTRUM, District Judge., Before O'BRIEN and HOLLOWAY, Circuit Judges, and LUNGSTRUM, District Judge.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• David C. Iglesias, United States Attorney, Norman Cairns, Assistant United States Attorney, Office of the United States Attorney, Albuquerque, NM, for Plaintiff-Appellee., Joe M. Romero, Jr., Albuquerque, New Mexico, for Defendant-Appellant.