United States Eighth Circuit

Waiver of the administrative deportation proceeding due a resident alien is a sufficient basis for a downward departure even if the government does not join in the motion. District court did not abuse its discretion in granting a four-level departure based on the waiver.

Appellate Information

• Decided 01/03/2003
• Published 01/03/2003

Judges

• MELLOY, Circuit Judge., Before WOLLMAN, RILEY, and MELLOY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Thomas J. Kangior, argued, Omaha, NE, for appellant.


• For Appellees:
  
• Jennifer L. Gilg, Federal Public Defender, argued, Omaha, NE, for appellee.