United States Tenth Circuit

A sentence following defendant's conviction of illegal reentry after having been previously convicted of an aggravated felony is affirmed over claims that the district court improperly relied upon contested statements in defendant's presentencing report (PSR) and failed to consider the sentencing factors of 18 U.S.C. section 3553 in denying him a downward departure.

Appellate Information

• Decided 08/28/2007
• Published 08/29/2007

Judges

• EBEL, Circuit Judge., Before HARTZ, EBEL, and TYMKOVICH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Marcia J. Milner, Las Cruces, NM, for Defendant-Appellant., Terri J. Abernathy, Assistant United States Attorney (David C. Iglesias, United States Attorney, with her on the brief), Las Cruces, NM, for the Plaintiff-Appellee.