United States Fifth Circuit

Defendant's status as a deportable alien is not an "aggravating or mitigating circumstance of a kind or degree not adequately taken into consideration by the Commission" and is thus not a permissible basis for downward sentencing departure after conviction under 8 USC 1326.

Appellate Information

• Decided 12/07/2000
• Published 12/07/2000

Judges

• WIENER, Circuit Judge:, Before HIGGINBOTHAM, WIENER and DENNIS, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellees:
  
• Timothy G. Hammer, Corpus Christi, TX, James Lee Turner, Asst. U.S. Atty., Houston, TX, for Plaintiff-Appellee., Roland E. Dahlin, II, Fed. Pub. Def., H. Michael Sokolow, Edward A. Stapleton, III, Houston, TX, for Defendant-Appellant.