United States Fourth Circuit

After defendant pled guilty to being an illegal alien found in the United States after deportation, the district court erred in departing downward from applicable Sentencing Guideline range based on the seriousness of the aggravated felony, where defendant did not meet enumerated requirements for such a departure.

Appellate Information

• Argued 12/06/2001
• Decided 04/16/2002
• Published 04/16/2002

Judges

• Before WILKINSON, Chief Judge, and MICHAEL and TRAXLER, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Lawrence Patrick Auld, Assistant United States Attorney, Greensboro, North Carolina, for Appellant.  William Carlton Ingram, Jr., First Assistant Federal Public Defender, Greensboro, North Carolina, for Appellee.   ON BRIEF:  Benjamin H. White, Jr., United States Attorney, Arnold L. Husser, Assistant United States Attorney, Greensboro, North Carolina, for Appellant.  Louis C. Allen, III, Federal Public Defender, Greensboro, North Carolina, for Appellee.