United States Fifth Circuit

A district court's discretionary refusal to impose a split sentence against an illegal alien under Guidelines section 5C1.1(d) does not fall within one of the four circumstances under which this court can impose jurisdiction to review a sentence; thus, case remanded to permit the district court to reconsider its sentence.

Appellate Information

• Decided 10/28/2002
• Published 10/28/2002

Judges

• EMILIO M. GARZA, Circuit Judge:, Before EMILIO M. GARZA and CLEMENT, Circuit Judges, and DAVIS, District Judge.

Court

• United States Fifth Circuit

Counsel

• For Appellees:
  
• Joseph H. Gay, Jr., Asst. U.S. Atty., Margaret M. Embry, San Antonio, TX, for Plaintiff-Appellee., Henry Joseph Bemporad, San Antonio, TX, for Defendant-Appellant.