United States Ninth Circuit

After defendant pled guilty to illegal re-entry into the U.S. after deportation for an aggravated felony, it was error for the district court to consider the seriousness of the predicate felony and depart downward under U.S.S.G. section 2L1.2 application Note 5, where defendant had two prior felony convictions and thus did not meet the prerequisites for departure under that guideline.

Appellate Information

• Argued 03/12/2002
• Decided 04/18/2002
• Published 04/18/2002

Judges

• Before BRUNETTI, LEAVY, and T.G. NELSON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Virginia Kelly, Assistant United States Attorney, Tucson, AZ, for the appellant.


• For Appellees:
  
• Ralph Ellinwood, CJA, Tucson, AZ, for the appellee.