United States v. Garay

WIENER, Circuit Judge:

Defendant-Appellant Rodolfo Antonio Garay (“Garay”) challenges the sentence imposed by the district court after his conviction for being an alien unlawfully found in the United States following deportation, in violation of 8 U.S.C. § 1326(a) and 1326(b). The district court denied Garay’s request for a downward departure from the Sentencing Guidelines on the ground that Garay’s status as a deportable alien did not constitute a basis for departure. Agreeing with the district court that alienage is not a basis for downward departure in this immigration case, we affirm.

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