United States First Circuit

With regard to illegal re-entry cases in which sentence is imposed pursuant to 8 U.S.C. section 1326(a) and USSG section 2L1.2, the adverse collateral consequences an incarcerated defendant may experience by reason of his status as a deportable alien do not collectively constitute a permissible ground for a downward departure under USSG section 5K2.0.

Appellate Information

• Decided 02/06/2002
• Published 02/06/2002

Judges

• SELYA, Circuit Judge., Before SELYA, Circuit Judge, STAHL, Senior Circuit Judge, and LIPEZ, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Robert D. Watt, Jr. on brief for appellant.


• For Appellees:
  
• Margaret E. Curran, United States Attorney, Donald C. Lockhart and Ira Belkin, Assistant United States Attorneys, on brief for appellee.