United States Second Circuit

Defendant’s sentence of seventy‐seven months' imprisonment following his criminal conviction, pursuant to a guilty plea, for illegal reentry into the United States is affirmed, where: 1) the district court did not err in denying the government's motion for a four‐level downward departure of defendant's Sentencing Guidelines range; and 2) U.S.S.G. section 5K3.1 allows, but does not require, district courts to depart downward pursuant to an appropriate government motion.

Appellate Information

• Decided 01/13/2014
• Published 01/13/2014

Judges

• PER CURIAM

Court

• United States Second Circuit

Counsel